BALDEVJI VAJAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both the captioned appeals arise from a common judgment and order dated 19th February 2007 passed by the Principal Sessions Judge, Mehsana, in Sessions Case No.110 of 2006, those were heard analogously and are being disposed of by this common judgment and order. Criminal Appeal No.606 of 2007 is at the instance of original accused No. 2, Baldevji Vajaji Thakor, whereas Criminal Appeal No.763 of 2007 is at the instance of the original accused No. 1 -Kanuji Kalaji Thakor.

(2.) The appellants -original accused Nos. 1 and 2 calls in question the legality and validity of the order of conviction and sentence dated 19th February 2007 passed by the Principal Sessions Judge, Mehsana, in Sessions Case No.110 of 2006 by which the Principal Sessions Judge convicted the appellants of the offence punishable under Section 302 read with Section 114 of the Indian Penal Code. The learned Sessions Judge, Mehsana, sentenced both the accused -appellants to undergo life imprisonment with fine of Rs.5,000/ - each of the offence punishable under Section 302 of the Indian Penal Code and, in default of payment of fine, further imprisonment of six months.

(3.) CASE OF THE PROSECUTION: -