ADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the present appeals have been preferred by the respective appellants challenging the judgment and order of conviction dtd. 18/9/2015 passed by the 7th (ad-hoc) Additional Sessions Judge, Jamnagar in Sessions Case No.90 of 2007 (Main) with Sessions Case No.51 of 2009, whereby the appellants have been convicted for the offence punishable under Ss. 302, 394, 397 and 341 of the Indian Penal Code, Ss. 25(1-B)A, 27 & 29 of the Arms Act. For the offence punishable under Sec. 302 of the IPC, the present appellants had been sentenced imprisonment for life and fine of Rs.5000.00 and in default of payment of fine, further simple imprisonment of 2 years is imposed. For the offence under Sec. 394 of the IPC, the present appellants had been sentenced rigorous imprisonment for a period of 10 years and fine of Rs.5000.00 and in default of payment of fine, further 2 years simple imprisonment is imposed. For the offence under Sec. 397 of the IPC, the present appellants had been sentenced rigorous imprisonment for a period of 7 years. For the offence under Sec. 341 of the IPC, the present appellants had been sentenced simple imprisonment for a period of 1 month. Beside this, both the appellants have been convicted for the offence under Sec. 25(1)(B-A) of the Arms Act and present appellants had been sentenced simple imprisonment for a period of 1 year. For the offence under Sec. 27 of the Arms Act, the present appellants had been sentenced simple imprisonment for a period of 7 years and for the offence under Sec. 29 of the Arms Act, the present appellants had been sentenced simple imprisonment for a period of 1 year. All the sentences imposed upon the appellants run concurrently.

(2.) Since both the appeals are arising out of the same common judgment and order, both the captioned appeals are taken up for final disposal by this common judgment.

(3.) The short facts giving rise to filing of present appeals are as under:-