DHARMENDRA RAMANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As all these appeals as well as the Criminal Revision Application arise out of the common impugned judgment and order, the same are heard and being decided together.

(2.) Present appeals as well as the Criminal Revision Application assail the judgment and order dtd. 31/05/2004, passed by the learned Additional Sessions Judge, Fast Track Court, Surendranagar, in Sessions Case No. 13 of 2003, whereby, while acquitting the original accused Nos. 1, 3, 5 to 12 from all the charges levelled against them for the offences punishable under Ss. 147, 148, 149, 302, 307, 326 and 325 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), the original accused Nos. 2 and 4 came to be convicted for the offences punishable under Ss. 326 and 324 of the IPC and Sec. 135 of the Bombay Police Act, respectively. Accordingly, the original accused No. 2 was sentenced to undergo rigorous imprisonment for three years and compensation of Rs.20,000.00, to be paid to injured - Sureshchandra and in default of payment of compensation, to undergo further rigorous imprisonment for two years for the offence punishable under Sec. 326 of the IPC and for the offence punishable under Sec. 135 of the Bombay Police Act, he was sentenced to undergo simple imprisonment for one month. Whereas, the original accused No. 4 was sentenced to undergo rigorous imprisonment for two years for the offence punishable under Sec. 324 of the IPC and for the offence punishable under Sec. 135 of the Bombay Police Act, he was sentenced to undergo simple imprisonment for one month. The accused No. 4 also ordered to pay a compensation of Rs.30,000.00, to be paid to the widow and the mother of the deceased in equal proportion, and in default of payment of compensation, to undergo further simple imprisonment for two years. However, the accused No. 4 was released on probation, under the provisions of the Probation of Offenders Act, 1958 on personal bond of Rs.5,000.00 with two solvent surety of the like amount, for three years. Accordingly, Criminal Appeal No. 1131 of 2004 has been filed by the appellants - original accused Nos. 2 and 4 against conviction, whereas, Criminal Appeal No. 1285 of 2004 has been filed by the State against original accused No. 2 for enhancement of sentence, Criminal Appeal No. 1282 of 2004 has been filed by the State against original accused No. 4 against his release on probation and Criminal Appeal No. 1283 of 2004 has been filed by the State against acquittal of all the accused. The original complainant has also filed the Criminal Revision Application No. 412 of 2004 against acquittal of all the accused.

(3.) It is reported that original accused No. 11 - Govindbhai Mohanbhai Khavas, Rajput (Chauhan) has died on 27/09/2006. Copy of his Death Certificate is produced, which is taken on record. Accordingly, the Criminal Appeal No. 1283 of 2004, filed by the State and the Criminal Revision Application, filed by the original complainant, against acquittal of all the accused, are abated qua original accused No. 11.