BASIR @ BODIYO SULTANBHAI MEVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed against the judgment and order dated 12.09.2011, passed by Additional Sessions Judge, Gandhinagar, in Sessions Case No. 101 of 2006 and 54 of 2007, whereby, accused Nos.1 and 2, were convicted under Section 235(2) of the Cr.P.C r/w. Sections 394 and 397 of the IPC and sentenced to undergo rigorous life imprisonment and fine of Rs.2,000/ and in default of payment of fine, 3 months Simple Imprisonment. Accused Nos. 1 and 2, were also convicted under Sections 506(2) of the IPC and sentenced to undergo 7 years imprisonment and fine of Rs.2,000/ and in default of payment of fine, further simple imprisonment for one month. Accused Nos. 1 and 2, were also convicted under Sections 25(1) of the Arms Act, and were sentenced to undergo 5 years rigorous imprisonment and fine of Rs. 2,000/ and in default of payment of fine, further simple imprisonment for one month. Accused Nos 3 and 4, were convicted under Section 235(2) of the Cr.P.C r/w.Section 394 of the IPC and sentenced to undergo rigorous life imprisonment and fine of Rs.2,000/ and in default of payment of fine, the accused were ordered to undergo 3 months Simple Imprisonment. Accused Nos. 3 and 4, were also convicted under Sections 506(2) of the IPC and sentenced to undergo 7 years imprisonment and fine of Rs.2,000/ and in default of payment of fine, the accused were ordered to undergo further simple imprisonment for one month. Accused Nos. 5 and 8 were convicted under Sections 235(2) of the Cr.P.C r/w. Section 411 of the IPC and were ordered to undergo rigorous imprisonment of 1 year and fine of Rs.500/ and in default of payment of fine, the accused were ordered to undergo further simple imprisonment of 15 days. Accused Nos. 5 and 8, were also convicted under Sections 235 (2) of the Cr.P.C r/w. Section 414 of the IPC and were ordered to undergo rigorous imprisonment for 1 year and fine of Rs.500/ and in default of payment of fine, the accused were ordered to undergo further simple imprisonment for 15 days. Accused No.6 was convicted for offences punishable under Sections 235(2) of the Cr.P.C. r/w. Section 25(1B) of the Arms Act and ordered to undergo rigorous imprisonment for 7 years and fine of Rs.3,000/ and in default of payment of fine, 3 months simple imprisonment. Accused No.6, was also convicted under Section 25(1) (1AA) of the Arms Act, and ordered to undergo rigorous imprisonment for 1 year and fine of Rs.500, and in default of payment of fine, 15 days simple imprisonment. All the sentences were ordered to run concurrently. Accused Nos. 1 to 4, were acquitted of the charges under Section 135 of the Bombay Police Act. Accused No.7, was acquitted of charges punishable under Sections 212 and 216(c) of the IPC. It is pertinent to note that, the appellant of Criminal Appeal No. 1246 of 2011, (original accused No.6) has expired on 24.03.2015, and therefore, Criminal Appeal No. 1246 of 2011, stands disposed of as having been abated qua accused No.6.

(2.) The facts of the case in brief are as follows:

(3.) Upon filing of the complaint dated 18.06.2005, before the Adalaj Police Station, investigation was carried out and the accused were arrested and chargesheet was submitted in the Court of learned Magistrate. However, as the case was exclusively triable by the Court of Sessions, the same was committed to Sessions Court. Thereafter, charges were framed against the accused persons. The accused persons pleaded 'not guilty'' and claimed to be tried.