RANABHAI RAJSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of a judgment and order rendered by the Ld. Addl. Sessions Judge, Rajkot [for short 'the Ld. Trial Judge'] on 5/4/2006 in Sessions Case No. 19 of 1991. Criminal Appeal No. 718 of 2006 has been preferred by the 5 appellants who were original 5 accused persons in the aforesaid Sessions Case. By impugned judgment and order dated 5/4/2006 rendered by the Ld. Trial Judge in the aforesaid Sessions Case, the Ld. Trial Judge recorded conviction of appellant accused no. 1 and appellant accused no. 2 for the offences punishable under section 304 Part-II read with section 34, section 325 and section 323 of the Indian Penal Code [for short 'ipc'], the appellant accused no. 3 came to be convicted for the offences punishable under section 304 Part-II read with section 34 and section 323 of the IPC and the appellant accused no. 4 and appellant accused no. 5 came to be convicted for the offences punishable under section 304 Part-II read with section 34 and section 325 of the IPC. 1. 1. The appellant accused no. 1 was awarded sentence to undergo rigorous imprisonment [ri] for 3 years and fine of Rs. 250/-, in default of payment of fine, RI for 2 months for the offence punishable under section 304 Part-II read with section 34 of the IPC and RI for 2 years and fine of Rs. 500/- and in default of payment of fine, RI for 3 months for the offence punishable under section 325 of the IPC and RI for 3 months for the offence punishable under section 323 of the IPC. The appellant accused no. 2 was awarded sentence to undergo RI for 5 years and fine of Rs. 1,000/-, in default of payment of fine, to further undergo RI for 6 months for the offence punishable under section 304 Part-II of the IPC and RI for 1 years and fine of Rs. 250/- and in default of payment of fine, RI for 2 months for the offence punishable under section 325 of the IPC and RI for 3 months for the offence punishable under section 323 read with section 34 of the IPC. The appellant accused no. 3 was awarded sentence to undergo RI for 3 years and fine of Rs. 250/-, in default of payment of fine, RI for 2 months for the offence punishable under section 304 Part-II read with section 34 of the IPC and RI for 3 months for the offence punishable under section 323 of the IPC. The appellant accused no. 4 was awarded sentence to undergo RI for 3 years and fine of Rs. 250/-, in default of payment of fine, RI for 2 months for the offence punishable under section 304 Part-II read with section 34 of the IPC and RI for 2 years and fine of Rs. 500/- and in default of payment of fine, RI for 3 months for the offence punishable under section 325 of the IPC. The appellant accused no. 5 was awarded sentence to undergo RI for 3 years and fine of Rs. 250/-, in default of payment of fine, RI for 2 months for the offence punishable under section 304 Part-II read with section 34 of the IPC and RI for 2 years and fine of Rs. 500/- and in default of payment of fine, RI for 3 months for the offence punishable under section 325 of the IPC. All the sentences were directed to run concurrently. All the appellants accused came to be acquitted from the charge of the offences punishable under section 302 of the IPC and under section 135 of the Bombay Police Act.

(2.) CRIMINAL Appeal No. 1610 of 2006 is preferred by the State of Gujarat under section 377 of the Criminal Procedure Code [cr. P. C] for enhancement of sentence alleging that the sentence awarded by the Ld. Trial Judge for the offences punishable under sections 304 Part-II, 325 and 323 of the IPC is highly inadequate and disproportionate to the offences committed by the accused persons.

(3.) AS both these Criminal Appeals arise out of a common judgment and order rendered by the Ld. Trial Judge in Sessions Case No. 19 of 1991, both these appeals were heard together and are hereby disposed of by the common judgment.