RAMESH @ RATO KALIDAS BARANDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise from the order and judgment passed by the learned Additional Sessions Judge, Second Fast Track Court, Himmatnagar, Camp at Idar in Sessions Case No.111 of 2008 dated 20.7.2010 convicting and sentencing original accused nos.1,2 and 4 for the offences punishable under sections 302,337, 147, 148, 149 and 34 of the Indian Penal Code. Challenging such order and judgment of conviction Criminal Appeal no.1751 of 2010 is preferred by all these convicts who shall be referred to hereinafter as the Appellants, whereas Criminal Appeal No.2068 of 2010 has been preferred by the State challenging the order of acquittal of original accused no.3, Manhar Ramanbhai Pida. Both the appeals arise in the following factual background: - Case of Prosecution:

(2.) AFTER due investigation, a case was registered against all the four accused and was committed to the Court of Sessions. Charges were framed against all the accused for the offences punishable under sections 302, 337, 34, 147, 148, 149 of the Indian Penal Code as also under section 135 of the Bombay Police Act. On 27.2.2009 accused when not pleaded guilty, prosecution examined in all 24 witnesses to substantiate these charges.

(3.) WHEN the prosecution concluded the evidence, the Court after recording further statement of the accused and on hearing both the sides at length, convicted all the accused, who are the appellants in Criminal Appeal No.1751 of 2010, whereas accused no.3, for want of sufficient evidence, was acquitted after giving the benefit of doubt. Challenge is made by the appellants to the order and judgment of learned Additional Sessions Judge against the same on various grounds raised in the appeal memo. Oral Submissions