MAHENDRA @ BUDHIYA DHIRAJPAL CHAPRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals are filed by the original accused nos.1,2 and 3. They along with the fourth accused Hasmukh Umiyashankar Joshi were convicted by the learned Fast Track Judge, Junagadh, for offences punishable under sections 489A and 489D read with section 120B of the IPC, for offences punishable under sections 489B read with 120B of the IPC and for offences punishable under sections 489C read with section 120B of the IPC in Sessions Case No.81/2005 by judgement dated 31.12.2007. For offences under section 489A and 489D read with section 120B of the IPC, they were sentenced to life imprisonment, fine was also awarded. For offences under section 489B read with section 120B of the IPC, they were awarded sentence of rigorous imprisonment for 10 years and fine. For offences under section 489C read with section 120B of IPC, they were awarded sentence of rigorous imprisonment for seven years and fine. Substantive sentences were ordered to run concurrently. It is this sentence and conviction which the appellants have challenged before us.

(2.) WE may record that the appellant of Criminal Appeal No.1437/2008, Kalpesh alias Lalo Chaganbhai Monpara -original accused no.2, as per the jail report submitted by the learned APP, expired on 16.8.2011. Criminal Appeal No.1437/2008 therefore, abates.

(3.) PANCH witness-Aamadbhai Isabhai PW-1(exh.14) who had accompanied the raiding party turned hostile. He however, admitted that panchnama carried his signature. The articles seized from the premises which were sealed also carried his signature. The partially printed currency notes also carried his signature.