MAHAVIRSINH BHARATSINH GHARASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the appeals arise out of the common judgment and order passed by the learned 5th Additional Sessions Judge, Bhavnagar, in the Sessions Case Nos.5 of 1992, 182 of 1992 and 65 of 1995 dated 18.2.2015, they are decided by this common judgment and order.

(2.) Present Appeals are preferred by the appellants against the judgment and order passed by the learned 5 th Additional Sessions Judge, Bhavnagar, in the Sessions Case Nos.5 of 1992, 182 of 1992 and 65 of 1995 dated 18.2.2015, whereby the learned Sessions Judge convicted the appellants of Criminal Appeal No.464 of 2015 and 465 of 2015 and sentenced to undergo 10 years rigorous imprisonment and pay fine of Rs.20,000/- each, in default, 6 months rigorous imprisonment for the offence under Section 376 (2), 34, 120(B) and 149 of the Indian Penal Code. The accused were further ordered to undergo 5 years rigorous imprisonment and pay fine of Rs.10,000/- each, in default, to further undergo 3 months simple imprisonment for the offence punishable under Section 366 of the Indian Penal Code, for the offence under Section 343 of the Indian Penal Code, the accused were ordered to undergo 2 years simple imprisonment and fine of Rs.1000/ each, in default, to further undergo one month simple imprisonment. They were further ordered to undergo 3 months simple imprisonment and fine of Rs.500/- each, in default, to further undergo 15 days simple imprisonment for the offence under Section 447 of the Indian Penal Code and they were ordered to undergo 3 years simple imprisonment and fine of Rs.1000/- each, in default, to further undergo 1 month simple imprisonment for the offence under Section 452 of the Indian Penal Code. The appellants were further ordered to undergo 1 year simple imprisonment and fine of Rs.1000/- each, in default, to further undergo 1 month simple imprisonment for the offence punishable under Section 323 of the Indian Penal Code and for the offence under Section 324 of the Indian Penal Code, the appellants were ordered to undergo 3 years simple imprisonment and fine of Rs.1000/- each, in default, to further undergo 3 months simple imprisonment as well as for the offence under Section 135 of the Bombay Police Act, they were ordered to 4 months simple imprisonment. Out of the said fine amount, it was ordered to pay Rs.60000/- to the victim. Learned Sessions has convicted the appellants of Criminal Appeal No. 387 of 2015 and sentenced to undergo 2 years simple imprisonment and fine of Rs.1000/- each, in default, to further undergo one month simple imprisonment for the offence under Section 343 of the Indian Penal Code and for the offence under Section 447 of the Indian Penal Code, the said appellants were ordered to under go 3 months simple imprisonment and fine of Rs.500/- each, in defualt, to further undergo 15 days simple imprisonment.

(3.) The brief facts of the prosecution are as under: