HIRABHAI DIPABHAI VASAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE are appeals arising out of cross Sessions Case. Appellant of Criminal Appeal No. 160/1995 Mansing Kaljibhai Taviyad was accused No. 1 in Sessions Case No. 96/1993. By impugned judgement and order dated 22. 12. 1994, he was convicted for offences punishable under Section 324 of the Indian Penal Code and sentenced to simple imprisonment for six months. He was also directed to pay fine of Rs. 500/ -.

(2.) FOR the same incident, which took place on 30. 6. 1992, Mahendrabhai Mansinghbhai lost his life, giving rise to Sessions Case No. 206/1992 against the four accused persons. Accused were convicted for offences punishable under Section 304 Part-II read with Section 114 of the Indian Penal Code and sentenced to rigorous imprisonment for three years and fine of Rs. 1000/- by the learned Additional Sessions Judge, Dahod by judgement dated 22. 12. 1994.

(3.) IT may be noted that original accused No. 1 Virabhai Dipabhai Vasaiya has not filed appeal against conviction. Original accused Nos. 2 to 4 are the original appellants in Criminal Appeal No. 135/1995.