PRATAPJI MAGANJI DARBAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the appellants original accused against the judgment and order of the learned Additional Sessions Judge, 2nd Fast Track Court, Banaskantha at Deesa on 20.10.2003 in Sessions Case No. 166 of 2002 convicting the appellants under Section 307 of Indian Penal Code and sentencing them for R.I. of 10 years and fine of Rs.3,000/ - and in default thereof, to undergo the sentence of R.I. of six months. No separate sentence was awarded for an offence punishable under Section 324 read with 114 of Indian Penal Code. The appellants accused were acquitted from the charge of offence punishable under Section 504 of Indian Penal Code and Section 135 of the Bombay Police Act.

(2.) THIS appeal was earlier heard and disposed of by this Court vide its order dated 10/11.12.2003 by which the appeal was partly allowed and the conviction of both the appellants accused came to be confirmed and the sentence imposed by the learned Additional Sessions Judge on the appellant accused No. 1 was substituted by the period of imprisonment already undergone by him and by fine of Rs. 60,000/ - and the sentence imposed upon the appellant accused No.2 was also substituted by the period of imprisonment already undergone by him with the amount of fine imposed by the learned Additional Sessions Judge.

(3.) BEING aggrieved by and dissatisfied with the judgment and order of this Court dated 10/11.12.2003 in this appeal, the State of Gujarat as well as complainant had preferred Special Leave Petitions No. 3908 of 2004 and 1494 of 2004 respectively before the Hon'ble Supreme Court. After hearing the parties, the Hon'ble Supreme Court vide its judgment and order dated 19.01.2006 quashed and set aside the judgment and order of this Court dated 10/11.12.2003 and remitted the matter back to this Court for hearing afresh on the question of sentence. This judgment of the Hon'ble Supreme Court is reported in (2006) 2 SCC 359.