STATE OF GUJARAT Vs. THAKOR DASHRATHJI SOMAJI

JUDGEMENT

(1.) As both these appeals arise from the same judgment and order, they have been heard together and are being decided by this common judgment.

(2.) Criminal Appeal No.1603 of 2010 has been filed by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for Short) against the judgment and order of acquittal dated 9-7-2010 passed by the learned Addl. Sessions Judge and Presiding Officer, 3rd Fast Track Court, Mehsana, Camp Visnagar in Sessions Case No.169 of 2008 whereby original accused Nos.4,5 and 6 respectively were acquitted of the charges levelled against them.

(3.) Whereas Criminal Appeal No.1323 of 2010 has been filed by original accused Nos.1,2 and 3 under Section 374 of the Code against the same judgment and order of conviction dated 9-7-2010 whereby the original accused Nos.1,2 and 3 were convicted for the offence punishable under Sections 364 and 307 read with section 114 of the Indian Penal Code, 1908 ((hereinafter referred to as "the IPC" for Short) and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- each and, in default, to undergo further period of six months of imprisonment.