HARSURBHAI HAKABHAI SHIYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Sec. 374 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .") against the judgment and order dtd. 15/6/2016 passed by Additional Sessions Judge, Rajula, in Sessions Case No.43 of 2011 (Old Sessions Case No.96 of 2010), wherein the learned Judge has convicted the present appellants for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short "the IPC ") read with Ss. 34 and 324 of the IPC, for the offence punishable under Sec. 302 read with Sec. 34 of the IPC they are sentenced to undergo rigorous imprisonment of life and to pay fine of Rs.10,000.00 and in default, to undergo further rigorous imprisonment of two years, for the offence under Sec. 324 read with Sec. 34 of the IPC they are sentenced to undergo rigorous imprisonment of three years and to pay fine of Rs.2,000.00 and in default, to undergo further rigorous imprisonment of six months. The sentences are also ordered to run concurrently.

(2.) The trial Judge acquitted the present appellants for the offence punishable under Ss. 147, 148 and 149 of the IPC and under Sec. 135 of the Gujarat Police Act. Further, the learned Judge acquitted the accused nos.4 and 5 for the offence punishable under Ss. 302, 324 , 307, 34, 147, 148 and 149 of the IPC and under Sec. 135 of the Gujarat Police Act.

(3.) The brief facts of the case are as under:-