STATE OF GUJARAT Vs. ISMAIL IBRAHIM SAKHIDAS @ JAGGU

JUDGEMENT

(1.) CRIMINAL Appeal No.1366 of 1986 is filed by the State of Gujarat challenging the judgment and order of acquittal dated 23rd September 1986 passed by the learned Additional Sessions Judge in Criminal Appeal No.57 of 1984.

(2.) ALL the accused persons were charge -sheeted for the offences punishable under Sections 147, 148, 149, 326, 324 and 506 of the Indian Penal Code. At the end of the trial, the learned Judicial Magistrate First Class, Jambusar by his judgment and order dated 27th September 1984 convicted the accused as under: -

(3.) ON appeal, the learned Sessions Judge was of the opinion that the question of commutation is not borne out in the facts and circumstances of the case because it cannot be said that there is a pre -concert among the accused persons earlier. Therefore, all the convictions were therefore set aside, which resulted into conviction of the accused under Section 323 of the Indian Penal Code simpliciter. In case of accused No.1 who was also convicted under the aid of Section 326 of simpliciter, the conviction was altered to under Section 324 of the Indian Penal Code and ultimately the learned Sessions Judge passed order as under: -