CHIMANBHAI BHULIYABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. These two appeals filed at the instance of the two accused persons are directed against the selfsame order of conviction and consequent sentence dated 20th May 2009 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Chhotaudaipur, Dist. Vadodara in Sessions Case No. 41 of 2008 by which the learned Sessions Judge convicted the accused No.1 for the offence punishable under section 302 of the Indian Penal Code and sentenced him to rigorous imprisonment for life and a fine of Rs.100/ - with a further stipulation that in default of payment of fine, the accused No.1 shall undergo further rigorous imprisonment for 3 months. By the selfsame judgment, the learned Sessions Judge also convicted the accused No.1 for the offence punishable under section 201, 114 of the Indian Penal Code read with section 114 of the Indian Penal Code and sentenced him to rigorous imprisonment for 7 years and a fine of Rs.100/ -, with a further condition that in case of default of payment of fine, the accused No.1 would undergo rigorous imprisonment for 3 months. As regards the accused No.2, the learned Sessions convicted him for the offence punishable under section 201 of the Indian Penal Code read with section 114 of the Indian Penal Code and sentenced him to rigorous imprisonment for five years and a fine of Rs.100/ - with a condition that in default of payment of fine, he would undergo further rigorous imprisonment for three months.

(2.) THE translated version of the charges framed against the accused persons are quoted below:

(3.) BEING dissatisfied, the convicted persons have preferred these two separate appeals which were heard analogously.