AMBARAM POPATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals arise out of the judgment and order rendered by Sessions Court, Rajkot at Morbi in Sessions Case No. 36 of 1997 on 23. 02. 2005.

(2.) CRIMINAL Appeal No. 494 of 2005 is preferred by original accused No. 2 and 3, who are convicted for offence punishable under Section 307 r/w. Section 114 of the Indian Penal Code and are sentenced to undergo rigorous imprisonment ('ri', for short) for 7 years and pay a fine of Rs. 5000/-, in default to undergo simple imprisonment for a period of 6 months, whereas Criminal Appeal No. 985 of 2005 is preferred by the original accused No. 1 who has been convicted for the same offence, but is sentenced to undergo RI for 10 years and to pay fine of Rs. 5000/-, in default to undergo simple imprisonment for 6 months.

(3.) IT is also ordered that if the fine is paid, Rs. 5000/- be paid to victim Madhuben, out of the fine deposited by each of the convicts. The convicts were given benefit of set-off and the sentence were ordered to run concurrently.