RAMUBHAI @ RAMESHBHAI MANJIBHAI GHEVARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE , both the appeals arise out of the same incident, they are heard together and disposed of by this common judgment. Criminal Appeal No. 1034 of 2008 is preferred by the original accused in Sessions Case No. 196 of 2001, assailing the judgment and order of the Additional Sessions Judge, 2nd Fast Track Court, Amreli, Dated: 15.02.2008, whereby, he was convicted for the offence punishable under Section 324 of the IPC and was sentenced to undergo simple imprisonment for two years and to pay fine of Rs. 5,000/ - and in default to undergo further simple imprisonment for one year.

(2.) CRIMINAL Appeal No. 1256 of 2008 is preferred by the original accused Nos. 1 to 3 in Sessions Case No. 195 of 2001, assailing the judgment and order of the Additional Sessions Judge, 2nd Fast Track Court, Amreli, Dated: 15.02.2008, whereby, they were convicted for the offence punishable under Section 302 read with Section 34 of the IPC and were sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/ - by each of them and in default to undergo further simple imprisonment for one year. The appellants were also convicted for the offence punishable under Section 323 and 324 of the IPC, however, no separate sentences were imposed on them under the said sections.

(3.) IN view of the fact that both the appeals challenge different orders in different sessions cases arising out of the cross -complaints lodged in respect of the same incident, we would first like to advert to the facts of the case emerging from the record of Criminal Appeal No. 1034 of 2008 in brief, which reads as under;