BALDEVBHAU SOMABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate Mr. N.K. Majmudar appearing for appellant in Criminal Appeal No. 310/2007 has stated that his client has taken away the papers from him on 17.3.2008. Since we are declined to adjourn the matter, and at our request, Mr. N.K. Majmudar learned advocate has assisted this Court on behalf of the appellant in Criminal Appeal No. 310/2007. So far as respondent no. 1 in Criminal Appeal No. 300/2008 is concerned, though bailable warrant is served upon him, he has not engaged any advocate, and therefore, at our request, learned advocate Mr. Y.M. Thakore has assisted this Court on behalf of respondent no. 1 in Criminal Appeal No. 300/2008.

(2.) THE appellant-ori. Accused no. 5 has preferred Criminal Appeal No. 310/2007 and the appellant-ori. Accused no. 1 has preferred Criminal Appeal No. 647/2007 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 18.1.2007 passed by the learned Sessions Judge, Main Court, Gandhinagar in Sessions Case No. 13/2006, whereby, the learned trial Judge has convicted the appellants- ori. Accused no. 1 & 5 under sec. 364A of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000/-each, in default, to undergo further R/I for two months. The appellants ­ ori. Accused no. 1 and 5 are convicted under sec.365 of IPC and sentenced them to undergo R/I for three years and to pay a fine of Rs. 1000/-each, in default, to undergo further R/I for one month. The appellants ­ ori. Accused no. 1 and 5 also convicted under sec. 384 of IPC and sentenced them to undergo R/I for one year and to pay a fine of Rs. 500/-each, in default, to undergo further R/I for fifteen days. The appellants ­ ori. Accused no. 1 and 5 also convicted under sec. 342 of IPC and sentenced them to undergo R/I for six months and to pay a fine of Rs. 500/- each, in default, to undergo further R/I for ten days, and the appellants ­ ori. Accused no. 1 and 5 also convicted under sec. 506(2)of IPC and sentenced them to undergo R/I for two years and to pay a fine of Rs. 5000/-each, in default, to undergo further R/I for two months, which is impugned in this appeal.

(3.) THEREAFTER , after examining the witnesses, further statement of the appellants-accused under sec. 313 of CrPC was recorded in which the appellants-accused have denied the case of the prosecution.