DABHAIBHAI SARDARBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal under Section 374(2) of the Code Criminal Procedure, 1973 (for brevity, 'the Code') filed by the appellants ­ original accused, assails the judgment and order dated 05/07/2007, passed by the learned Additional Sessions Judge, Fast Track Court No. 6, Nadiad in Session Case No. 252 of 2005 by which, the appellants ­ original accused came to be convicted for the offences punishable under Sections 307, 307 r/w. 114, 325, 325 r/w. 114 and 323 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 307 and 307 r/w. 114 of the IPC, the appellant Nos. 1 and 2 ­ original accused Nos. 1 and 2, respectively sentenced to undergo rigorous imprisonment (RI) for seven years and fine of Rs.15,000/ each with default clause to undergo further RI for one year; for the offence punishable under Section 325 and 325 r/w. 114 the accused No. 2 and the accused No. 1, respectively sentenced to undergo RI for three years and fine of Rs.1,000/ each with default clause to undergo further RI for six months and for the offence punishable under Section 323 of the IPC, RI for six months and fine of Rs.1,000/ each with default clause to undergo further RI for one month. All the sentences were to run concurrently. Out of the fine amount, Rs.25,000/ were ordered to be paid to the complainant towards compensation.

(2.) Whereas, Criminal Revision Application No. 463 of 2007 has been arisen out of the order passed by this Court dated 09/08/2007 to the effect that, why the amount of compensation under Section 357 of the Code, over and above the amount of fine should not be ordered against the present appellants ­ original accused.

(3.) For the sake of convenience, the parties herein are referred to as per their original status.