KISHORBHAI VIRABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of the common judgment and order and hence, are decided by this common judgment.

(2.) Challenge in these appeals is to the judgment and order dated 21.12.1998 passed by the learned Addl. Sessions Judge, Rajkot at Gondal in Sessions Case No.197/1995 whereby, all the accused have been convicted for the offence punishable u/s.304 Part1 IPC r/w. Section 34 IPC and have been sentenced to undergo RI for five years and fine of Rs.1000/ each and in default, RI for a further period of one month. The sentence already undergone by the accused was given setoff.

(3.) Though served, none appears on behalf of appellantoriginal accused no.2 in Criminal Appeal No.06/1999 and on behalf of respondents no.1 to 3, original accused, in Criminal Appeal No.479/1999. The Court requested Mr. Rakshit J. Dholakia, who is present in the Court, to appear on behalf of appellantoriginal accused no.2 in Criminal Appeal No.06/1999 and for respondents no.1 to 3 in Criminal Appeal No.479/1999. Mr. Dholakia accepted our request and agreed to appear on behalf of the accused persons in the aforesaid appeals.