SUMRAJI BHIMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellants are the original accused persons who have challenged their conviction and sentence order recorded by the learned Additional Sessions Judge Kutch at Bhuj in Sessions Case No. 45 of 1984 on 19.12. 1984 by invoking the aids of the provisions of section 374 of the Criminal Procedure Code 1973 (Code for short hereinafter).

(2.) All the three appellants were charged for the offences punishable under sections 307 326 324 and 504 (2) read with section 34 of the Indian Penal Code in the Sessions Court. On appreciation of the facts and circumstances and the evidence on record the trial court held the accused persons guilty for the offence under section 326 read with section 34 of the Indian Penal Code and sentenced each of the accused to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500 and in default to undergo further rigorous imprisonment for one month.

(3.) A conspectus of the material facts leading to the rise of this appeal may shortly be stated at this juncture.