BHARATBHAI KALUSINH GURKHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri J.V. Japee, learned counsel appearing for the appellants of both the aforesaid appeals (hereinafter referred to as 'the appellants') and Shri P.D. Bhate, learned Additional Public Prosecutor, appearing on behalf of the respondent-State.

(2.) Both these appeals are arising out one and same judgment and order of conviction and sentence dated 29th April 1995 passed by the learned Additional Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No.57 of 1993, and therefore, both are heard together and being disposed of by this common judgment.

(3.) It is submitted by Shri J.V. Japee, learned counsel appearing for the appellants of both the appeals, that the present appeals are arising out of the aforesaid judgment and order of conviction and sentence whereby the learned trial Judge held the appellants guilty for the charge of offence punishable under Section 363 of the Indian Penal Code and also under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and sentenced each of the appellants to undergo rigorous imprisonment for two years and a fine of Rs.2000/-, in default to undergo simple imprisonment for two months for the offence punishable under Section 363 of the Indian Penal Code. So far as the offence punishable under Section 3(1)(10) of Act is concerned, the each appellant has been sentenced to undergo simple imprisonment for six months and a fine of Rs.5000/-, in default to undergo simple imprisonment for one month. The learned trial Judge has ordered both the sentences to run concurrently. It is submitted by Shri Japee that though the appellants have been charged for the offence punishable under Sections 363, 366 and 506(2) of the Indian Penal Code and also under Sections 3(1)(10) and 3(2)(5) of the Act, at the conclusion of the trial, the learned trial Judge has held the appellants guilty for the offence punishable under Section 363 of the Indian Penal Code and under Section 3(1)(10) of the Act only.