ANUJ @ SONU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since, both the appeals arise out of a common judgment and order, with the consent of the learned Advocates for the parties, the same are taken-up for hearing together and being disposed of by this common judgment.

(2.) The present appeals, filed under Sec. 374 of the Code of Criminal Procedure, 1973 (in brief, 'the Code'), are emanating from the judgment and order dtd. 5/2/2014, passed by 2nd Additional Sessions Judge, Bharuch at Ankleshwar ('trial Court', hereinafter), in Sessions Case No.38 of 2013 (Old Sessions Case No.111 of 2018), whereby, the trial Court has convicted the appellants-original accused Nos.1 and 2 for the offence punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced them to undergo imprisonment for life and to pay fine of Rs.5,000.00 and in case of default, to undergo further simple imprisonment for six months.

(3.) As per the charge, Exh.4, total four persons were arraigned as accused. However, the concerned trial Court acquitted the original accused No.3-Pravin Ramaashray Yadav and accused No.4- Dharmendra Bansidhar Shah, at the end of trial by giving them the benefit of doubt. However, the present appellants - original accused No.1-Anuj @ Sonu Murlidhar Varma and accused No.2 - Guddu Shri Rajkumar Bharti came to be convicted.