MOHMEDHANIF Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) All the above Appeals are directed against the judgment and order of conviction and sentence dated 11.10.2004 passed by the learned Additional Sessions Judge, Ahmedabad City, in Sessions Case No. 203/2002 whereby the original accused No. 1 - the appellant herein was convicted for the offence punishable under Ss. 489(B) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for four years and fine of Rs. 5,000/ -, and in default of payment of fine, rigorous imprisonment for further six months. The original accused No. 1 was also convicted for the offence punishable under Sec. 489(C) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of for years and was also convicted for the offence punishable under Sec. 120(B) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for four years. All the sentences were ordered to run concurrently. Accused was given set off for the period undergone in jail.

(2.) Criminal Appeal No. 1798/2004 is preferred by the original accused No. 1 against his conviction and sentence, Criminal Appeal No. 111/2005 is preferred by the State qua enhancement of sentence of the original accused No. 1 - the appellant herein whereas Criminal Appeal No. 110/2005 is preferred by the State against the acquittal of the original accused No. 2 - Jayantibhai Kanjibhai Patel and original accused No. 3 - Parshottambhai Kanjibhai Patel.

(3.) The case in brief of the prosecution is as under : - -