DAHYABHAI REVABHAI CHAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the instant appeals have arisen from the same judgment and order delivered by learned Additional Sessions Judge, Sabarkantha at Himmatnagar, on 29.07.2000, in Sessions Case No.41/1998.

(2.) In all eight accused were charge -sheeted for the offences punishable under Sections 120 -B, 147, 148, 149, 504, 506(2), 341 and 302 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. However, when the charge was framed, out of eight accused, accused No.5 - Kacharabhai Revabhai Chamar died and remaining seven accused faced the trial.

(3.) Vide judgment and order impugned, learned trial Judge was pleased to convict the accused No.1 - Dahyabhai Revabhai Chamar, accused No.2 - Amrutbhai Revabhai Chamar and accused No.3 - Natvarbhai Revabhai Chamar for the offence punishable under Section 302 of the Indian Penal Code and each of these accused came to be convicted and sentenced by the trial Judge for imprisonment of life and to pay fine of Rs.2,000/ -, in default, to undergo simple imprisonment of three months. Against this judgment and order, all the three accused preferred Criminal Appeal No.917/2000 under Section 374 of the Criminal Procedure Code against their conviction and sentence.