PARBATBHAI SEMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) VIDE judgment and order dated 4.8.2007, learned Additional Sessions Judge, Banaskantha @ Deesa held the appellants of Criminal Appeal No.1115 of 2007 guilty for the offences punishable u/s 307, 323, 325, 447 r/w section 34 of the Indian Penal Code. The learned trial Judge convicted and sentenced appellant Nos.1 and 2 for the offence punishable u/s 307 r/w section 34 of the Indian Penal Code for 6 months' RI and imposed a fine of Rs.4000/ -, in default in payment of fine, one month SI. Whereas, learned trial Judge convicted and sentenced appellant No.3 for the offence punishable u/s 307 r/w section 34 of the Indian Penal Code for 30 days' RI and imposed a fine of Rs.1000/ -, in default in payment of fine, 7 days' SI. The learned trial Judge also held the appellants guilty for the offence punishable u/s 323 and 325 r/w section 34 of the Indian Penal Code, but has not imposed any sentence separately for the said offence. Whereas, the learned trial Judge imposed fine of Rs.500/ - to each of the appellants for the offence punishable u/s 447 r/w section 34 of the Indian Penal Code and has further ordered to pay Rs.5000/ - to the original complainant Mr. Hamir Nanji Patel by way of compensation u/s 357 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) FEELING aggrieved by and dissatisfied with the sentence and conviction, the State has preferred Criminal Appeal No.1224 of 2007 u/s 377 of the Code to enhance the sentence awarded by the learned trial Judge for the aforesaid offences and the appellants (original accused) preferred Criminal Appeal No.1115 of 2007 u/s 374 of the Code challenging the aforesaid conviction and sentence passed in Sessions Case No.114 of 2005.

(3.) THIS Court issued show cause notice to the appellants original accused as to why quantum of punishment imposed by the trial Court should not be enhanced in exercise of revisional powers which is numbered as Criminal Revision Application No.544 of 2007.