THE STATE OF GUJARAT Vs. JAYANTIBHAI GOPALBHAI PATEL

JUDGEMENT

(1.) Heard learned Advocates appearing for the respective parties.

(2.) All the above Appeals are directed against the judgement and order of conviction and sentence dated 31.01.2005 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Sabarkantha at Himmatnagar in Sessions Case No. 107/2004 whereby the original accused No. 1 (Jayantibhai Gopalbhai Patel) was convicted for the offence punishable under Sec. 489(C) of the Indian Penal Code and sentenced to undergo rigorous imprisonment of five years and a fine of Rs. 10,000/ -, in default of payment of fine, rigorous imprisonment for a further period of one year.

(3.) Accordingly, Criminal Appeal No. 785/2005 is an Appeal preferred by the appellant - State for enhancement of sentence qua accused No. 1 whereas Criminal Appeal No. 406/2005 is an Appeal preferred by the original accused No. 1 - the respondent herein against the judgment and order of conviction as aforesaid. Criminal Appeal No. 786/2005 is an Appeal preferred by the State against the acquittal of the other accused i.e. original accused Nos. 2 to 7 - Jigneshbhai Valjibhai Patel, Vijaybhai Karamshibhai Patel, Hitendrasinh alias Jitu Narsinh Solanki, Chaturbhai alias Chandubhai Parshottambhai, Bavkubhai alias Babubhai Abhalbhai Basiya and Osman alias Usman alias Taklo Hasambhai Kureshi.