ASHOKKUMAR CHUNILAL LAVARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, filed under section 374 (2) of the Code of Criminal Procedure, is directed against the judgment and order dated 04.07.01 passed by Additional Sessions Judge, Ahmedabad [Rural] at Gandhinagar in Sessions Case No. 39 of 1999 whereby the learned trial Judge has sentenced the appellant to 3 years rigorous imprisonment and fine of Rs.1000/-, in default, simple imprisonment for 3 months for an offence punishable under section 506 (2) of the Indian Penal Code, 5 years rigorous imprisonment and a fine of Rs.1000/-, in default, simple imprisonment for 3 months for an offence punishable under section 363 of the Indian Penal Code, 7 years rigorous imprisonment and a fine of Rs.1000/-, in default, simple imprisonment for 3 months for an offence punishable under section 366 of the Indian Penal Code, and, 10 years rigorous imprisonment and a fine of Rs.1000/-, in default, simple imprisonment for 3 months for an offence punishable under section 376 of the Indian Penal Code. The learned trial Judge also ordered that all the sentences to run concurrently.

(2.) Short facts giving rise to the present appeal are as under:

(3.) The prosecution has examined the following witnesses in order to prove the involvement of the appellant in the commission of offence: PW No. Name Exh. No. 1 Dr. Vinodkumar Ambalal Patel 6 2 Shardaben Naranbhai Patni 10 3 Pravinsinh Shivsinh Vaghela 12 4 Chelaji Popatji Thakore 15 5 Shiraj Fakruddin Kureshi 16 6 Dr. Manisha Pranjivanbhai 17 7 Sarojben Naranbhai Patni 20 8 Savitaben Dharmendrabhai 21 9 Dashrathsinh Thakuji Vaghela 22 10 Punjaji Gopalji Solanki 24 11 Anwarhussien Kalumiya Rathod 28 12 Rajeshkumar Rameshchandra Mehta 29 13 Ashok Keshavlal Sharma 33