MAMAD BHAKAR RAYMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal Nos. 2319 of 2005, 2430 of 2005 and 2432 of 2005 preferred by the appellants-orig. accused nos. 2 to 7 (hereinafter referred to as 'the accused nos. 2 to 7') arise out of the judgment and order of conviction and sentence dated 28th October, 2005 passed by the learned Additional Sessions Judge, Bhuj-Kutch, in Sessions Case Nos. 56 of 2002, 42 of 2003 and 44 of 2003, whereby the learned trial Judge has convicted the accused nos. 2 to 7 for the offences punishable under Sections 122 and 123 of the Indian Penal Code; under Sections 25 (l) (b), 25 (1aa)of the Arms Act; under Rules 3 and 6 of the Indian Passport (Entry into india) Rules, 1950 and also under Sections 13 (2) and 14 of the Foreigners act, 1946 read with Section 34 of the Indian Penal Code; and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs,500/-, in default of payment of fine further rigorous imprisonment for three months for the offences punishable under the provisions of the Indian penal Code. The accused nos. 2 to 7 are also sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 250/-, in default of payment of fine further rigorous imprisonment for two months under the offences punishable under the provisions of the Arms Act. The accused nos. 2 to 7 are also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-, in default of payment of fine further simple imprisonment for one month for each offence punishable under the provisions of Foreigners Act and Indian Passport (Entry into India)Rules, 1950.

(2.) CRIMINAL Appeal No. 2629 of 2005, preferred by the appellant-orig. accused no. 9-Mohammad alias Salim alias Sameer alias Firoz alias hussain alias Mohammad Ismail Yusuf Sida Sindhi, who is the accused in Sessions Case No. 29 of 2004, has been received through the Jail authority. This Appeal arises out of the judgment and order of conviction and sentence dated 28th October, 2005 passed by the learned Additional sessions Judge, Bhuj-Kutch, in Sessions Case No. 29 of 2004, whereby the learned trial Judge has convicted the accused no. 9 for the offences punishable under Sections 122 and 123 of the Indian Penal Code; under sections 25 (l) (b), 25 (1aa) of the Arms Act; under Rules 3 and 6 of the indian Passport (Entry into India) Rules, 1950 and also under Sections 13 (2), 14 read with Section 34 of the Foreigners Act, 1946; and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 500/-, in default of payment of fine further rigorous imprisonment for three months for the offences punishable under the provisions of the Indian penal Code. The accused no. 9 is also sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 250/-, in default of payment of fine further rigorous imprisonment for two months under the offences punishable under the provisions of the Arms Act The accused no. 9 is also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. loq/-, in default of payment of fine further simple imprisonment for one month for each offence punishable under the provisions of Foreigners Act and Indian Passport (Entry into India) Rules, 1950.

(3.) CRIMINAL Appeal No. 131 of 2006 is preferred by the State against the judgment and order of acquittal recorded qua the orig. accused nos. l to 8 of Sessions Case No. 56 of 2002, 42 of 2003 and 44 of 2003.