JAYESHKUMAR KANTILAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two Criminal Appeals under Section 374 of the Code of Criminal Procedure ('the Code' for short) are directed against the judgment and order dated 27.9.2002 rendered in Sessions Case No. 296 of 1999 by the learned Additional Sessions Judge, Court No.10, City Sessions Court, Ahmedabad, by which the appellant of Criminal Appeal No. 917 of 2002 (A-1) is convicted for commission of the offences under Sections 489A, 489B, 489C and 489D of the Indian Penal Code ('IPC' for short) and sentenced to suffer RI for ten years and fine of Rs.30,000/- and in default of payment of fine, RI for further period of two years for commission of the offence under Section 489A IPC, RI for seven years and fine of Rs.5,000/- and in default of payment of fine, SI for further period of one year for commission of the offence under Section489B IPC, RI for five years and fine of Rs.5,000/- and in default of payment of fine, SI for further period of one year for commission of the offence under Section 489C IPC and RI for ten years and fine of Rs.10,000/- and in default of payment of fine, RI for further period of two years for commission of offence under section 489D IPC whereas appellant of Criminal Appeal No.889 of 2002 (A-2) is convicted for commission of the offences under Sections 489B and 489C IPC and sentenced to suffer RI for five years and fine of Rs.5,000/- and in default of payment of fine, SI for further period of one year for commission of the offence under Section 489B IPC and RI for four years and fine of Rs.3,000/- and in default of payment of fine, S.I. for further period of six months for commission of the offence under Section 489C IPC. It is also ordered that all the sentences imposed on both the accused shall run concurrently.

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

(3.) Mr. Manish Patel, learned advocate for A-2, who filed Criminal Appeal No.889 of 2002, at the outset made a statement at the bar that A-2, Kaushik Shambhubhai Patel has died on 7.4.2005 while he was on bail. In support of the plea, he has produced xerox copy of the death certificate issued by AMC Odhav Ward Ele. No.35 dated 8.4.2005 showing that Kaushik Shambhubhai Patel has died on 7.4.2005 and, therefore, the appeal filed by him has been abated in view of the provisions contained under Section 394 of the Code.