ATULKUMAR VIKASCHANDRA VAJPAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY these two Criminal Appeals filed under Section 374 (2) of the Code of Criminal Procedure ('the Code' for short), the appellant of both these appeals ('the accused' for short) have challenged the judgment and order dated 25. 5. 2004 rendered in Sessions Case No. 57 of 1999 by the learned Additional Sessions Judge (2nd Fast Track Court), Surat, by which both the accused have been convicted for the offences under Sections 302, 364, 394, 397, 398 and 201 read with Section 34 of the Indian Penal Code ('ipc' for short) and each of them has been sentenced to the following terms:<FRM>JUDGEMENT_372_TLGJ0_2007Html1.htm</FRM>

(2.) THE prosecution version, as unfolded during the trial, is as follows:

(3.) ORIGINAL accused No. 1, Atulkumar Vikaschandra Vajpai, filed Criminal Appeal No. 1194 of 2004 through Mr. SV Raju, learned advocate whereas original accused No. 2 Raju alias Rajpal Babulal Yadav, has filed Criminal Appeal No. 1222 of 2004 through jail and requested for rendering him free legal aid. Upon the request made by A-2, Raju alias Rajpal, he has been rendered legal assistance by this Court and Ms. Sadhna Sagar has been appointed to assist him. Mr. SV Raju, learned advocate has withdrawn his appearance from Criminal Appeal No. 1194 of 2004 filed by A-1, Atulkumar Vikaschandra Vajpai. Since Mr. Raju has withdrawn his appearance, upon request of A-1, Atulkumar he has also been given the legal assistance through Ms. Sadhna Sagar and thus for both the accused persons, Ms. Sadhna Sagar has appeared and argued the matters.