MANUBHAI DAHYABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these three Criminal Appeals arising from one judgment and order dtd. 15/9/2009 passed by the 2nd Additional Sessions Judge, Nadiad (hereinafter referred to as the "trial Court") rendered in Sessions Case No. 37 of 2009 whereby the accused persons were convicted for the offence punishable under Ss. 436 read with Sec. 114 of the Indian Penal Code ("IPC" for short) and ordered to undergo rigorous imprisonment ("RI" for short) for two years and also imposed a fine of Rs.500.00 each and in default RI for two months. So far as the offence under Sec. 326, 337, 323, 504 r/w Sec. 114 of IPC is concerned, all the accused persons were acquitted. Against which, the State has preferred an Acquittal Appeal being Criminal Appeal No. 2414 2009 as well as Enhancement Appeal being Criminal Appeal No 2413 of 2009 and the accused persons have preferred Criminal Appeal No. 1789 of 2009 whereby the State and accused persons have challenged the impugned judgment and order of conviction and sentence passed by trial Court.

(2.) The Appeal being Criminal Appeal No. 2413 of 2009 came to be admitted by this Court vide order dtd. 21/4/2010 and it was ordered to be heard along with Criminal Appeal No. 1789 of 2009 and Criminal Appeal 2414 of 2009.

(3.) The brief facts giving rise to present Appeals in nutshell, are as under:-