STATE OF GUJARAT Vs. DHIRAJBHAI JINABHAI MAKWANA

JUDGEMENT

(1.) These three Criminal Appeals arising from judgment and order dated 12th July 2006 passed by learned Sessions Judge, Gandhinagar in Sessions Case No. 43 of 2006 are being heard and disposed of by this common judgment.

(2.) Criminal Appeal No. 2170 of 2006 is preferred by the State of Gujarat under Sec. 377 of the Code of Criminal Procedure, 1973 ["CrPC" for short] in respect of accused nos. 1 and 2 with a prayer to enhance the sentence awarded by the learned Sessions Judge, Gandhinagar for the offence punishable under Sections 307 and 323 of the Indian Penal Code ["IPC" for short]. Another Criminal Appeal, being Criminal Appeal No. 2150 of 2006 is preferred by the State under Sec. 378 (1) and (3) Crimial P.C. in respect of accused no. 3 with a prayer to quash and set-aside his acquittal. And, Criminal Appeal No. 1417 of 2006 is preferred by the original accused no. 1 and 2 under Sec. 374 (2) Crimial P.C. challenging the conviction of accused no. 1- Dhirajbhai Jinabhai Makwana for the offence punishable under Sec. 307 Penal Code and thereby, sentencing him to suffer rigorous imprisonment for a period of three years with fine of Rs. 5,000.00; and in default thereof, to suffer simple imprisonment for a period of six months. The very accused has also challenged his conviction for the offence punishable under Sec. 323 Penal Code and thereby order of sentence to suffer rigorous imprisonment for a period of six months with fine of Rs. 1,000.00; and in default thereof, to suffer simple imprisonment for a term of fifteen days. Both the sentences qua the above accused were ordered to run concurrently. The very accused no. 1 was directed to pay a sum of Rs. 50,000.00 to the widow of the deceased-Shaileshbhai Narsinhbhai Deepakar under Sec. 357 Crimial P.C. toward compensation. Accused no. 2- Ajitbhai Jinabhai Makwana is convicted and sentenced for the offence punishable under Sec. 323 Penal Code and ordered to suffer rigorous imprisonment for a period of one months with fine of Rs. 3,000.00 and in default of payment of fine, to suffer simple imprisonment for a period of seven days.

(3.) Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged before this Court for and on behalf of the respective parties.