PATEL MANGALDAS AMTHARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Section 374 of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 30.09.2004 passed in Sessions Case No.230/2003 by the learned Additional Sessions Judge, 3rd Fast Track Court, Mehsana. The appellants are the original accused nos.1, 3 and 4 in Sessions Case No.230/2003. The original accused no.2- Chimanbhai Amtharam Patel is acquitted from the charges levelled against him by the learned Trial Court. The learned Trial Court convicted and sentenced the appellants-accused as under:

(2.) The brief facts leading to the filing of the present case are as under:

(3.) After completion of the investigation, the chargesheet was filed before the learned Judicial Magistrate First Class, Vadnagar. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Cr.P.C. committed the said case to the Court of the learned Additional Sessions Judge, 3rd Fast Track Court, Mehsana, which was thereafter numbered as Sessions Case No.230/2003. Since they did not plead guilty and claimed to be tried, they were tried for the alleged offences.