SHABBIR AHMED AND ORS. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these Criminal Appeals are preferred against judgment and order dated 23.08.2010 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Gandhinagar Camp at Kalol, in Sessions Case No. 32 of 2009. By the said judgment, accused Nos. 1 and 2 both were convicted for offences punishable under Sections 302 and 34 of the Indian Penal Code and ordered to undergo rigorous imprisonment for life and fine of Rs. 20,000/ - was imposed and in default, they were ordered to undergo further rigorous imprisonment for two years; for offence punishable under Section 201 of IPC accused Nos. 1 and 2 both were convicted and ordered to undergo rigorous imprisonment of three years and fine of Rs. 5,000/ - was imposed and in default, they were ordered to undergo further rigorous imprisonment for four months. The accused persons have been acquitted of the charges for offence punishable under Section 135 of the Bombay Police Act. Being aggrieved by the impugned judgment, the accused persons have preferred Criminal Appeal No. 213 of 2011, while Criminal Appeal No. 882 of 2011 is preferred by the State for enhancement of sentence imposed by the impugned judgment upon the accused persons.

(2.) AS both these appeals are arising out of the same judgment rendered in connection with the same incident and the evidence is also common in these appeals, the same are taken up for hearing together.

(3.) VIDE order dated 25.8.2015, this Court has observed that since accused No. 1 has passed away, appeals qua him have abated. Therefore, the appeal of accused No. 1 as well as appeal of State against accused No. 1 have already been abated. Therefore, these appeals are considered only qua accused No. 2.