STATE OF GUJARAT Vs. KISHOREBHAI KANABHAI RATHOD

JUDGEMENT

(1.) All these appeals arise out of the impugned judgment and order passed by the learned Additional Sessions Judge, Banaskantha (hereinafter referred to as "trial Court") in Sessions Case No. 215 of 2007, one by the original accused No. 1 challenging his conviction for the offences punishable under Ss. 307, 326, 324, 323 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Sec. 135 of the Bombay Police Act and another appeal preferred by the State challenging the impugned judgment and order passed by the learned trial Court acquitting the original accused Nos. 2 to 4 and one another appeal preferred by the State for enhancement of the sentence imposed by the learned trial Court, imposed while convicting the original accused No. 1 for the offences punishable under Ss. 307, 326, 324, 323 of the IPC, all these appeals are decided and disposed of by this common judgment and order.

(2.) At the outset it is required to be noted that all the original accused Nos. 1 to 4were as such charged for the offences punishable under Ss. 307, 326, 324, 323, 504 and 34 of the IPC and Sec. 135 of the Bombay Police Act and on appreciation of evidence, the learned trial Court has held the original accused No. 1 guilty for the offences punishable under Ss. 307, 326, 324, 323 of the IPC and Sec. 135 of the Bombay Police Act and has imposed the sentence of 5 years' RI and fine of Rs. 5000/ - and in default to undergo further 6 months' R1 for the offence punishable under Sec. 307 of the IPC and sentenced original accused No. 1 to undergo 5 years' RI with fine of Rs. 1000/ - and in default to undergo further 10 days' R1 for the offence punishable under Sec. 326 of the IPC. No separate sentence has been imposed by the learned trial Court while convicting the original accused No. 1 for the offences punishable under Ss. 324 and 323 of the IPC. By impugned judgement and order the learned trial Court has acquitted the original accused Nos. 2 to 4.

(3.) The case of the prosecution in nutshell is as under: