MAGANBHAI KHIMABHAI BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the impugned judgment and order and hence, they are decided by this common judgment.

(2.) CRIMINAL Appeal No.297/2011 has been preferred by appellants, original accused no.1 to 4 in Sessions Case No.59/2008, whereby, accused no.2 was convicted for the offences punishable u/s.307, 504 r/w. Section 114 of Indian Penal Code (for short, "the IPC") whereas, accused no.1, 3 and 4 were convicted for the offences punishable u/s.323, 324, 325 and 504 r/w. Section 114 IPC, by judgment and order dated 31.01.2011 passed by the learned Addl. Sessions Judge and Presiding Officer, Fast Track Court, Dahod. For conviction u/s.307 IPC, original accused no.2 was sentenced to undergo RI for three years and fine of Rs.3000/ - and in default, SI for a further period of two months. For conviction u/s.323, 324, 325 and 504 r/w. Section 114 IPC, original accused no.1, 3 and 4 were sentenced to undergo RI for one year each and fine of Rs.1000/ - each and in case of default, SI for a further period of two months. All the sentences were ordered to run concurrently. The sentence already undergone by accused persons were given as set -off.

(3.) THE facts in brief are as under;