STATE OF GUJARAT Vs. THAKOR CHANDUJI MANAJI

JUDGEMENT

(1.) These three appeals have been filed against the judgment and order dtd. 6/1/2012 passed by the learned Special Judge, (Atrocity), Mehsana (hereinafter be referred to as "the Trial Court") in Special Atrocity Case No.10 of 2011 whereby the Trial Court has convicted the original accused No.1 - Thakor Lalji @ Lalo Chaturji and imposed sentence to undergo simple imprisonment of five years and to pay fine of Rs.10,000.00 and in default of payment of fine, to undergo further simple imprisonment of six months for the offence under Sec. 307 of the Indian Penal Code (hereinafter be referred to as "the IPC") and also imposed sentence to undergo simple imprisonment of six months and to pay fine of Rs.5,000.00 and in default of payment of fine, to undergo three months imprisonment for the offence under Sec. 3(1)(x) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act") and acquitted original accused No.1 - Thakor Chanduji Manaji from the charges levelled against him for the offence under Sec. 326, 504, 114 of the IPC and under Sec. 3(2)(v) of the Atrocity Act and original accused No.2 - Thakor Chanduji Manaji and original accused No.3 - Thakor Balvantji @ Lalaji Chanduji from the charges levelled against them for the offence under Sec. 307, 326, 504 and 114 of the IPC and under Sec. 3(1)(x), 3(2)(v) of the Atrocity Act.

(2.) Criminal Appeal No.249 of 2012 has been filed by the State of Gujarat under Sec. 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the Trial Court acquitting the accused No.2 and 3. Criminal Appeal No.247 of 2012 has been filed by the State of Gujarat for enhancement of the punishment imposed on original accused No.1. Criminal Appeal No.79 of 2012 has been filed by the convict - accused No.1 - Thakor Lalaji @ Lalo Chaturji assailing the judgment and order of conviction.

(3.) As all these criminal appeals having been arisen from the same judgment and order, all these appeals are heard together and are being disposed of by this common judgment.