STATE OF GUJARAT Vs. THAKORE UDAJI TALAJI

JUDGEMENT

(1.) Heard learned Advocates for respective parties.

(2.) Criminal Appeal No.83/2002 is an Appeal preferred by the State for enhancement of sentence qua the accused Thakore Udaji Talaji whereas Criminal Appeal No.84/2002 is an Appeal preferred by the State against the acquittal of the accused Thakore Udaji Talaji, Thakor Khengarji Lalluji and Thakore Bhajaji Kamshiji under Sections 302 and 34 of the Indian Penal Code and under Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The above appeals are directed against the judgment and order of conviction and sentence dated 24.10.2001 of the learned Additional Sessions Judge, Mehsana, Camp Patan in Special Atrocity Case No.211/1999 whereby the accused herein Thakor Udaji Talaji was sentenced to undergo under Section 304- II of the Indian Penal Code, rigorous imprisonment for five years and fine of Rs.1,000/-, in default rigorous imprisonment for one year 25 days. The original accused No.2 and 3 were acquitted of the offences for which they were charged.