STATE OF GUJARAT Vs. VISHALKUMAR SOMCHANDRA SHAH

JUDGEMENT

(1.) Since the facts of the case and issue involved in the captioned appeals, are identical and arise out of the same judgment, the appeals are taken up together and are being disposed of by this common judgment.

(2.) Before the Additional Sessions Judge, Nadiad at Kheda, five accused were being chargesheeted for the offences punishable under Sections 170, 419 and 395 read with Section 114 of the Indian Penal Code. After the chargesheet and during the trial, original accused no.1 - Vishal Somchandra Shah and original accused no.3 - Mehmud Pathan passed away. The trial of the case proceeded against original accused nos.2, 3 and 4 namely Mahendrapratap Rajput, Kehul Kantilal Shah and Lata @ Muskan Laxmandas Santvani.

(3.) Vide judgment and order of sentence dated 12.08.2011, passed in Sessions Case No.136 of 2010, the Additional Sessions Judge, Nadiad at Kheda convicted and sentenced all three accused for the offences punishable under Sections 170, 419, 395 read with Section 114 of the Indian Penal Code and sentenced in the manner stated hereinafter: