SANJAY @ SHIVO BABULAL CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant in Criminal Appeal No.362/2007, original accused no.2 in Sessions Case No.46/2001, has also filed Criminal Appeal No.2388/2008 along with original accused no.1 & 3. Therefore, his case shall be decided along with original accused no.1 & 3, who are the appellants in Criminal Appeal No.2388/2008, instead of deciding it separately. Hence, Criminal Appeal No.362/2007 filed by original accused no.2 is not entertained and is disposed of accordingly.

(2.) CHALLENGE in Criminal Appeal No.2388/2008 is to the judgment and order passed by the learned Presiding Officer, Fast Track Court No. 4, Jamnagar in Sessions Case No. 46/2001 whereby, the appellants herein, original accused no.1 to 3, have been convicted for the offences punishable u/s. 302 r/w. Section 34 of Indian Penal Code (for short, the IPC ) and Section 135 of Bombay Police Act (for short, the BP Act ).

(3.) THE brief facts of the complaint and the incident is that on the fateful day, i.e on 29.12.2000, in the evening hours, when deceasedArvindbhai Raghavjibhai was coming from his job, he met Vinod Kishorbhai Barad for engaging an advocate for his brother, who was an undertrial prisoner.