BIJAL JAGAB BAMBHVA BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all these appeals are arising out of the common judgment and order rendered in Sessions Case No.9 of 2007 and Sessions Case No.69 of 2007, with the consent of the learned advocates appearing for the respective parties, they are taken up for final hearing together and disposed of by this common judgment and order so as to avoid repetition of facts and findings.

(2.) Criminal Appeal No.760 of 2012 has been preferred by the State of Gujarat for enhancement of sentence imposed upon accused No.1- Mr.Bhavesh @ Bhavin Rameshbhai Sojitra, accused No.2 Mr.Bijal Jagabhai Bambhava Bharwad and accused No.3 Mr.Vallabh Arjan Koli after finding them guilty for the offence punishable under Sections 489(B) and 489(C) of the Indian Penal Code (for short, 'I.P.C.'). The State has also preferred Criminal Appeal No.761 of 2012 against the order of acquittal of the accused Nos.1 to 7 from the charges of offence punishable under Sections 489(A) and 489(D) read with Section 120B of I.P.C. in Sessions Case No.9 of 2007 and further, acquitting accused Mr.Virendra @ Viru Manilal Darji from the charges of offence punishable under Section 489(A), 489(B), 489(C) and 489(D) read with Section 120B of the I.P.C. in Sessions Case No.69 of 2007. Whereas, accused No.2 Mr.Bijal Jagabhai Bambhava Bharwad has separately filed Criminal Appeal No.2657 of 2008 against the judgment and order dated 18.09.2008 passed by the learned Presiding Officer and Additional Sessions Judge, 10th Fast Track Court, Rajkot whereby, he was ordered to suffer sentence and fine for the offence punishable under Sections 489-B and 489-C of I.P.C.

(3.) Original accused No.1- Mr.Bhavesh @ Bhavin Rameshbhai Sojitra, accused No.2 Mr.Bijal Jagabhai Bambhava Bharwad and accused No.3 Mr.Vallabh Arjan Koli have been sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, in default, to undergo further S.I. for 2 months for the offence punishable under Section 489(B) of I.P.C. and also imposed same sentence and fine for the offence punishable under Section 489(C) of I.P.C. All the sentences have been ordered to run concurrently.