MUNNABHAI BABUBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 400 of 2014 has been preferred by the Appellants namely Makwana Munnabhai Babubhai and Makwana Kalubhai Babubhai [Original Accused Nos. 1 and 2 respectively] under the provisions of Sec. 374 of the Code of Criminal Procedure (" Cr.P.C ." for short) challenging the judgment and order dtd. 29/6/2013 passed by the learned Additional Sessions Judge, Dhangadra in Sessions Case No. 1 of 2009 whereby the Appellants have been convicted for offence punishable under Ss. 302 read with Sec. 149 of the Indian Penal Code (" IPC " for short) and passed sentence for Rigorous Imprisonment, whereas, Criminal Appeal No. 1481 of 2013 has been preferred by the Appellant - State under Sec. 377 of the Cr. P.C. for enhancement of sentence imposed upon the Respondent Nos. 1, 2 and 3 [ Original Accused Nos. 3, 4, 5 respectively] vide the aforesaid judgment.

(2.) It is pertinent to note at this stage that out of the three Respondents in Criminal Appeal No. 1481 of 2013, the Respondent No.1 - Makwana Laljibhai Veljibhai [Original Accused No.3] has expired and the said Appeal therefore abated qua him.

(3.) The facts and circumstances giving rise to the filing of the present Appeals are as under.