RAJESH @ RAJU RAMRAJ PASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in these two criminal appeals filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 01.10.1999 rendered in Sessions Case No. 37 of 1999 by the learned Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur, by which the appellants of both these appeals i. e. original accused Nos.1 and 3 ('A1 and A3' for short) have been convicted for commission of the offences punishable under Sections 394, 302 read with Section 34, and Sections 449 and 452 of the Indian Penal Code ('IPC' for short) and both of them have been sentenced to suffer imprisonment for life and fine of Rs.100/-, in default rigorous imprisonment of one month for the offence punishable under Section 302 read with Section 34 IPC, rigorous imprisonment for five years and fine of Rs.100/-, in default rigorous imprisonment of one month for the offence punishable under Section 394 read with Section 34 IPC, rigorous imprisonment for two years and fine of Rs.100/-, in default rigorous imprisonment of one month for the offence punishable under Section 449 IPC and rigorous imprisonment for one year and fine of Rs.100/-, in default rigorous imprisonment of one month for the offence punishable under Section 452 IPC. It is also ordered that all the substantial sentences shall run concurrently.

(2.) The prosecution case, as disclosed from the FIR and unfolded during the trial, is as under:

(3.) Ms. Sadhana Sagar, learned Advocate appointed by the Legal Aid Committee appearing on behalf of the accused, has vehemently assailed the impugned judgment and order by raising the following contentions: