NARAYANBHAI BABULAL BHOSLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals are against the judgment and order dated 24th July, 1999 passed by the learned Additional City Sessions Judge, (Court no. 19), Ahmedabad in Sessions case no. 270 of 1998.

(2.) THE appellants of Criminal Appeal No. 831 of 1999 are convicts who have been held guilty of the charge of offence punishable under section 302 read with section 34 of the Indian Penal Code and Second Appeal i. e. Criminal Appeal No. 1125 of 1999 is by the State of Gujarat challenging acquittal of original accused no. 5 Shardaben Naranbhai Bhosle and also against the order of acquittal of all the accused from the charge of offence punishable under sections 143, 147, 148, 149 of the Indian Penal Code as well as under section 135 (1) of the Bombay Police Act. The appellants of Criminal Appeal no. 831 of 1999 are original accused nos. 1 to 4. Accused no. 1 is the father and accused nos. 2,3 and 4 are sons of accused no. 1. All the four have been held guilty for the offence punishable under section 302 of the Indian Penal Code read with section 34 and also under section 324 of the Indian Penal Code and they have been inflicted life imprisonment and ordered to pay fine of Rs. 2000/- each, in default, punishment imposed is simple imprisonment for two months.

(3.) WE have heard learned advocate Mr. Yatin Soni for the convicts and learned Additional Public Prosecutor Mr. H. L. Jani for the State. Learned counsel appearing for the appellants in both these appeals and have taken us through the evidence, oral as well as documentary, recorded during the course of the trial of sessions case, registered after investigation of the crime bearing Cr. No. I 261 of 1998 with Amraiwadi police station of city Ahmedabad.