KARAMSHIBHAI VIRJIBHAI RADADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both these appeals arise out of the same judgment and order passed by the learned trial Court, these appeals are being decided together by this common judgment.

(2.) CHALLENGE in these appeals is to the judgment and order passed by the learned Additional Sessions Judge, Fast Track Court No.2, Amreli in sessions Case No.84 of 2007, whereby the learned Trial Court has convicted the original accused No. 1 for the offence under section 304 part II r/w. Section 114 of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.30,000/ (Thirty thousand only) in case of default, further imprisonment for one year. The trial Court has convicted the original accused Nos. 2 and 3 for the offence under Section 304 part II r/w. Section 114 of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for five years with fine of Rs.30,000/ (Thirty thousand only) each, in case of default, further imprisonment for one year. The appellants have been acquitted for the charge u/s. 135 of the Bombay Police Act.

(3.) CRIMINAL Appeal No.2933 of 2008 has been filed by appellants original accused Nos.1 to 3 against the judgment and order of conviction whereas Criminal Appeal No. 70 of 2009 has been filed by the appellant State for enhancement of the sentence awarded by the Trial Court.