PRAVIN @ HAKLO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE incident in question occurred on 3rd October, 1992 nearabout 7.15 p.m. in the Office of Savani Diamonds, a diamond polishing factory located in Shaktidhara Colony in the Bapunagar area of Ahmedabad. At the time of the incident, it is alleged that 6 persons armed with deadly weapons like revolver, knives etc. rushed into the factory at about 7.15 p.m. on 3rd October, 1992 in furtherance of a conspiracy hatched by them to commit dacoity. After entering the office, the witnesses were asked to leave the office. However, in the process, rounds from revolvers were fired which hit one Mukeshbhai and ultimately caused his death. Resistance was offered by the witnesses and as such, the assailants ran away from the place.

(2.) THE Trial Court sentenced accused no.1 - Pravin @ Haklo for imprisonment for life and to pay a fine of Rs.2,000/ -, in default, to undergo S.I. for a period of two months for the offence of murder punishable under Section 302 of I.P.C. He was also sentenced to undergo R.I. for 7 years for the offence punishable under Section 398 of I.P.C. For the offence punishable under Section 452 of I.P.C., he was sentenced to undergo R.I. for a period of 5 years and to pay a fine of Rs.1,000/ -, in default, to undergo S.I. for one month. For the offence punishable under Section 342 of I.P.C., he was sentenced to undergo R.I. for one year. The Trial Court deemed it proper not to award any separate sentence for the offence punishable under Section 120(B) of I.P.C.

(3.) AGGRIEVED by the said judgment and order, the original accused no.1 Pravin @ Haklo Natvarlal Patel has preferred Criminal Appeal No.96 of 1999 whereas original accused no.2 Harishankar Ramkishore Sharma has preferred Criminal Appeal No.102 of 1999.