LAWS(GJH)-2016-3-183

JANAK KANTILAL PATEL Vs. STATE OF GUJARAT

Decided On March 04, 2016
Janak Kantilal Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) All the above Appeals are directed against the judgment and order of conviction and sentence dated 28.02.2005 passed by the learned Additional Sessions Judge, Court No. 13, Ahmedabad City in Sessions Case No. 250/2003 whereby the original accused No. 1 and 4 were convicted for the offences punishable under Ss. 489(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years and fine of Rs. 5,000/ - each, and in default of payment of fine, rigorous imprisonment for 3 months; the original accused No. 1 to 4 were convicted for the offences punishable under Sec. 489(C) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/ - each, and in default of payment of fine, rigorous imprisonment for three months; the original accused No. 5 to 7 were convicted for the offences punishable under Sec. 489(C) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and six months and fine of Rs. 5,000/ - each, and in default of payment of fine, rigorous imprisonment for three months; the original accused No. 2 and 3 were convicted for the offences punishable under Ss. 489(B) read with Sec. 114 of the Indian Penal code and was sentenced to undergo rigorous imprisonment for five years and fine of Rs. 5,000/ - each, and in default of payment of fine, rigorous imprisonment for three months. However, the original accused No. 8 to 11 were acquitted of the offences punishable under Sec. 489(A), 489(D), 120(B), 201 read with Sec. 114 of the Indian Penal Code.

(2.) Criminal Appeal No. 461/2005 is preferred by original accused No. 4 - Janak Kantilal Patel and learned Advocate Mr. E.E. Saiyed appears for him, Criminal Appeal No. 533/2005 is preferred by original accused No. 7 - Mohammed Shoeb alias Bablu Maqboolbhai Diwan and learned Advocate Mr. Umesh A. Trivedi appears for him, Criminal Appeal No. 712/2005 is preferred by original accused No. 2 - Anish Mansukhbhai Panchal and learned Advocate Mr. A.M. Parekh appears for him, Criminal Appeal No. 797/2005 is preferred by original accused No. 5 - Bipinkumar Ramanlal Patel and original accused No. 6 - Baldevbhai Ranchhodbhai Chaudhary and learned Advocate Mr. A.M. Parekh appears for learned Advocate Mr. Pankaj K. Soni for the two accused, Criminal Appeal No. 933/2005 is preferred by original accused No. 1 - Ajitkumar Pravinbhai Patel and original accused No. 3 - Atul Narandas Patel and learned Advocate Mr. E.E. Saiyed appears for them, whereas Criminal Appeal No. 1103/2005 is an Appeal preferred by the State seeking enhancement of sentence qua the original accused Nos. 1 to 7.

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