STATE OF GUJARAT Vs. CHUNILAL PUNJABHAI NAGOTA

JUDGEMENT

(1.) CRIMINAL Appeal No. 2171 of 2010 has been preferred by the State seeking enhancement of the sentence imposed upon original accused nos. 2, 3, 4, 14 and 16 by the learned Additional Sessions Judge & Presiding Officer, Fast Track Court, Dahod in Sessions Case No. 220 of 2007 vide judgement and order dated 11.05.2010. The original accused nos. 2, 3, 4, 14 and 16 were convicted for the offence punishable under sections 143, 147, 148, 308, 323, 324 and 8 of Indian Penal Code and the original accused no. 16 was also convicted for the offence punishbale under sections 25(1) (b -a) & 27(1) of the Arms Act. The accused were awarded sentence as under:

(2.) THE prosecution case in a nutshell is that the accused persons of Sessions Case No. 221 of 2007 attacked the accused persons of Sessions Case No. 220 of 2007 on 12.01.2007 and vice versa. The accused of Sessions Case No. 220 of 2007 are said to have given iron rod blows on the head of the victim and another blow on right hand of victim. On the other hand the accused of Sessions Case No. 221 of 2007 are said to have attacked the complainant therein and his supporters by pelting stones and shouting antislogans.

(3.) MR . Nirav Sanghvi, learned advocate appears for the accused - respondents in Criminal Appeal Nos. 1503 and 1504 of 2010 after having taken no -objection from Mr. Dev Shah, learned advocate. Mr. Sanghvi shall be allowed to file his appearance during the course of the day. Mr. Japan Dave, learned advocate appears for the accused - respondents in Criminal Appeal Nos. 2171 and 2172 of 2010. Learned advocates Mr. Sanghvi as well as Mr. Dave have placed on record an agreement between the parties accused of Sessions Case Nos. 220 and 221 of 2007 whereby it appears that settlement has been arrived at between them.