SHANABHAI GHANSHYAMBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both these appeals arise out of the same judgment and order, with the consent of learned advocates appearing for the respective parties, they were heard together and are being decided by this common CAV judgment.

(2.) Criminal Appeal No.1487 of 2013 filed by the original accused Nos.1 and 2 and Criminal Appeal No.774 of 2014 filed by the original accused Nos.3 and 4 arise out of judgment and order dated 15 -5 -2013 passed by the learned 8th Additional Sessions Judge, Vadodara, in Sessions Case No.170 of 2009 whereby original accused were convicted and sentenced to suffer a combined RI for ten years and to pay fine of Rs.100/-, in default, to suffer further SI for three months for the offence punishable under sections 365 and 367 read with section 114 of IPC. Accused were given benefit of set off for the period undergone in jail.

(3.) Short facts of the case of the prosecution are that on 30.10.2009 at about 5.30 p.m., accused No.1 -Shanabhai Ghanshyambhai Nayak, in connivance with accused No.2 -Bhailalbhai Shabhayibhai Nayak, No.3 -Gangaben Bhailalbhai Shabhayibhai Nayak and No.4 -Savitaben Girishbhai Shanabhai Nayak, kidnapped the son -Ujjwal aged four years and the daughter -Vaishaliben @ Kunjalben of brother -in -law of the original informant when they were playing in front of the Alipura Khodiyar Mata Mandir and performed black magic on them. With the said allegation, a complaint was lodged against the accused persons. In pursuance of the said complaint, investigation started and as there appeared prima facie case against the accused, charge sheet was filed against the accused persons.