STATE OF GUJARAT Vs. BHUPENDRABHAI NAGINBHAI MAHYAVANSHI

JUDGEMENT

(1.) Both these appeals arise from the selfsame judgment and order passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Vyara at Surat, in Sessions Case No. 43 of 2001, therefore, they are being disposed of by this common judgment.

(2.) Criminal Appeal No. 901 of 2007 is filed by the appellant State against the judgment and order dated 10.04.2007 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Vyara at Surat, whereby the learned Trial Judge has convicted the original accused No. 9 respondent herein for the offence punishable under Section 304 (part-II) of the Indian Penal Code (for short "the IP Code") and is directed to suffer imprisonment for six years and fine of Rs. 5,000/-, in default of payment of fine, he shall undergo further rigorous imprisonment for six months. The original accused No. 9 has been acquitted of the offence punishable under Sections 452, 323, 143, 147, 148 and 149 of the IP Code and has been given the benefit of set off.

(3.) Criminal Appeal No. 327 of 2008 is also filed by the appellant State against the acquittal of original accused Nos. 1, 2, 3, 5 and 8 for the offence punishable under Sections 302, 452, 323, 143, 147, 148 and 149 of the IP Code.