BHAGWAN MOHANJI VANZARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of the same judgment and order and hence, they are disposed off by this common judgment.

(2.) Challenge in these appeals is to the judgment and order passed by the learned Addl. Sessions Judge, Court No. 9, Ahmedabad City in Sessions Case No. 197 of 2011 dated 27.12.2011 whereby, original accused No. 1 was acquitted of all the charges but, original accused No. 2 to 4 were convicted for the offences punishable u/s. 302 r/w. Sec. 34 of IPC and Sec. 135(1) of B.P. Act. For conviction u/s. 302 r/w. Sec. 34 IPC, all the three accused were sentenced to undergo imprisonment for life and fine of Rs. 5000/ - each and in default, SI for one month; whereas, for conviction u/s. 135(1) of B.P. Act, all the three accused were sentenced to undergo RI for one month and fine of Rs. 100/ - each and in default, SI for five days. Both the sentences were ordered to run concurrently. The sentence already undergone by the accused were given set -off.

(3.) Criminal Appeal No. 42/2012 is preferred by original accused No. 4;