GANESH MAVJIBHAI KADVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of three convicted persons and is directed against an order of conviction dated 29th September 2006 in Sessions Case No. 9 of 2004 by which the learned Presiding Officer,

(2.) ND Fast Track Court, Junagadh found the appellants guilty of offence punishable under section 302 read with section 114 of the Indian Penal Code and sentenced them to suffer imprisonment for life and a fine of Rs.2000/ - each, with a stipulation that in default of payment of fine, they will undergo further simple imprisonment for three months. All the accused persons were awarded sentence of rigorous imprisonment for one year for offence punishable under section 37(1) and 135 of the Bombay Police Act and a fine of Rs.500/ - each with a further condition that in default of payment of fine, they will undergo further simple imprisonment for one month. The sentences were ordered to run concurrently and they were also given set off for the days undergone as under -trial prisoners. The appellants, however, were acquitted for the offence punishable under section

(3.) ON the other hand, Ms. Chetana Shah, the learned Additional Public Prosecutor appearing for the respondent, contended that in this case, from the evidence given by the eyewitnesses, it has been proved beyond reasonable doubt that it was the three accused persons who actually committed the offence in an open place due to past incidence of altercation between the deceased on the one hand and the accused on the other, and there is no scope of arriving at a different conclusion than the one arrived at by the learned Sessions Judge. Ms. Shah, therefore, prays for dismissal of the appeal.