GADHVI PRAKASH VARJANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals are filed against the judgment and order dated 17.8.2007 passed by learned Additional Sessions Judge, Fast Track Court No. 6, Ahmedabad City in Sessions Case No. 339 of 2006. By the impugned judgment, learned trial Judge has convicted accused Nos. 1 and 2 for the offence punishable under Section 302 of the Indian Penal Code (for short, "IPC") and sentenced them to suffer rigorous imprisonment for life and fine of Rs. 10,000/-, and in default of payment of fine, simple imprisonment for two months was imposed. Learned trial Judge has also convicted accused Nos. 1 and 2 for the offence under Section 120(B) of IPC and sentenced them to suffer rigorous imprisonment for life and fine of Rs. 5,000/-, and in default of payment of fine, simple imprisonment for one month was imposed. Accused No. 2 is also held guilty for offence under Section 135(1) of the Bombay Police Act and ordered to undergo six months' imprisonment. Being aggrieved by the impugned judgment, both the accused have preferred present appeals.

(2.) Learned advocates Mr. Prabhakar Upadhyay as well as Mr. C.J. Vin have filed leave-notes today, however, Mr. Yogesh Lakhani, learned Senior Advocate along with learned advocate Mr. Thakkar have appeared for accused No. 2-appellant of Criminal Appeal No. 1348 of 2007, while learned advocate Mr. M.B. Gohil has appeared for accused No. 1, appellant of Criminal Appeal No. 1349 of 2007. Therefore, these appeals are taken up for final hearing today.

(3.) The facts in brief giving rise to the filing of present appeal are as under: