STATE OF GUJARAT Vs. KOLI VANRAJ @ CHAKO MANJIBHAI

JUDGEMENT

(1.) SINCE all these appeals are arising out of same judgment rendered in Sessions Case No.161 of 1996, they are being disposed of by this common judgment and order so as to avoid repetition of facts and findings.

(2.) PRESENT group of three criminal appeals arises from Sessions Case No.161 of 1996, wherein three accused persons were charged and tried for the commission of offence under Sections 307, 323, 324, 325, 326, 504, 506(2) r/w section 120 - B and 114 of the Indian Penal Code and section 135 of the Bombay Police Act for attempting to commit murder and also causing grievous injuries on the first informant victim, namely Mr. Babubhai Becharbhai. At the end of trial, the learned trial Court convicted original accused No.1 Mr. Koli Vanraj @ Chako Manjibhai for the offence u/s 326 and 506(2) of the Indian Penal Code and section 135 of the Bombay Police Act and sentenced to suffer RI for seven years and to pay a fine of Rs.2000/ -, in default, further SI for one year for the offence u/s 326 of the Indian Penal Code, and to suffer RI for two years for the offence u/s 506(2) of the Indian Penal Code, and to suffer SI for one year for the offence u/s 135 of the Bombay Police Act.

(3.) BEING aggrieved by the aforesaid, original accused No.1 preferred Criminal Appeal No.2010 of 2005 under the provisions of section 374 of the Code of Criminal Procedure, 1973 (for short "the Code") challenging judgment of his conviction. Similarly, State of Gujarat being aggrieved by the impugned judgment of conviction, preferred Criminal Appeal No.5 of 2006 u/s 377 of the Code for enhancement of sentenced awarded by the learned trial Court for the offence u/s 326 and 506(2) of the Indian Penal Code and section 135 of the Bombay Police Act. Similarly, being aggrieved by the impugned judgment of acquittal acquitting original accused Nos.2 and 3 i.e. Mr. Jadeja Jaypalsinh and Mr. Koli Manjibhai Bachubhai respectively for offence u/s 307, 323, 324, 325, 326, 504, 506(2) r/w 120 -B and 114 of the Indian Penal Code and for the acquittal of original accused No.1 from the offences other than offence u/s 326 and 506(2) of the Indian Penal Code and section 135 of the Bombay Police Act, preferred Criminal Appeal No.4 of 2006 to the original accused No.1.