NARSING BHAYLABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all the three above captioned appeals arise from a common judgment and order passed by the learned Additional Sessions Judge, Fast Track Court No.2, Chhota Udaipur, dated 23rd December 2008 in Sessions Case No.38 of 2008, those were heard analogously and are being disposed of by this common judgment and order.

(2.) THE Criminal Appeal No.35 of 2009 is at the instance of two convicts i.e. accused no.3 and accused no.4, viz. Nurabhai Kamlabhai and Khumansinh Nurabhai. The Criminal Appeal No.34 of 2009 is at the instance of two convicts, accused nos.1 and 2, viz., Narsing Bhaylabhai Rathva and Vestabhai Railabhai Rathva. The Criminal Appeal No.2232 of 2009 is a successive appeal at the instance of the accused no.2, Vestabhai Railabhai Rathva.

(3.) CASE OF THE PROSECUTION: -