VALABHAI GHELABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these appeals arise out of the common judgement and order dated 12.07.2011 passed by the learned Additional Sessions Judge, Viramgam in Sessions Case No.4 of 2006 and hence, the same were taken up for hearing together and are decided by this common judgment.

(2.) Criminal Appeal No.984 of 2011 has been filed by three appellants, viz., (1) Valabhai Gelabhai Bharwad, (2) Mulabhai Gelabhai Bharwad and (3) Merabhai Gelabhai Bharwad. The appellant No.1 has been convicted for the offence under sections 326, 324 read with section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and fine of Rs.10,000/ -, and in default of payment of fine to undergo further simple imprisonment for three months for the offence under section 326 read with section 149, IPC and sentenced to undergo rigorous imprisonment for three years and fine of Rs.5000/ - and in default of payment of fine to undergo simple imprisonment for a further period of two months. The appellant No.2 has been convicted for the offence under section 326, 324 read with section 149, IPC and sentenced to undergo rigorous imprisonment for five years and fine of Rs.10,000/ -, and in default of payment of fine to undergo further simple imprisonment for three months for the offence under section 326 read with section 149, IPC and sentenced to undergo rigorous imprisonment for three years and fine of Rs.5000/ - and in default of payment of fine to undergo simple imprisonment for a further period of two months. The appellant No.3 has been convicted for the offence under section 325 read with section 149, IPC and has been sentenced to undergo rigorous imprisonment for four years and fine of Rs.5,000/ -, and in default of payment of fine, to undergo simple imprisonment for three months.

(3.) Criminal Appeal No.1144 of 2011 has been filed by three appellants being (1) Bhopabhai Tejabhai Bharwad, (2) Viththal alias Kuchiyo Moti Bharwad and (3) Bachuji Ranchhodji Thakor. The appellant No.1 has been convicted for the offences under section 302, 307 read with section 149 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.10,000/ -, and in default of payment of fine, to undergo rigorous imprisonment for three months. The appellant No.2 has been convicted for the offence under sections 307, 323 read with section 149, IPC and has been sentenced to undergo ten years rigorous imprisonment for the offence under sections 307 and 149, IPC and fine of Rs.10,000/ -, and in default of payment of fine, to undergo rigorous imprisonment for one year. For the offences under section 323 read with section 149, IPC, the appellant No.2 has been sentenced to undergo simple imprisonment for six months and fine of Rs.3,000/ -, and in default of payment of fine, to undergo simple imprisonment for one month. The appellant No.3 has been convicted for the offence under sections 302, 325 read with section 149, IPC. For the offence under section 302 read with section 149, IPC, the appellant No.3 has been sentenced to undergo life imprisonment and fine of Rs.10,000/ -, and in default of payment of fine, to undergo rigorous imprisonment for six months. For the offence under section 325 read with section 149, IPC, the appellant No.3 has been sentenced to undergo rigorous imprisonment for four years with fine of Rs.5,000/ -, and in default of payment of fine, to undergo rigorous imprisonment for two months.