JAMNAPRASAD GOVINDPRASAD PASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment and order of conviction and sentence dated 07.01.1998 passed by the learned Additional City Sessions Judge, Court No. 8, Ahmedabad City, in Sessions Case No. 180 of 1996, whereby the appellants -orig. convicts (hereinafter referred to as 'the appellants') have been convicted for the offence punishable under Sections 143, 147, 148, 302 read with Section 149 and also under Section 307 read with Section 149 of the Indian Penal Code. So far as the offence punishable under Section 143 of the Indian Penal Code is concerned, the appellants have been sentenced to undergo rigorous imprisonment for 06 months; for the offence punishable under Section 147 of the Indian Penal Code, they have been sentenced to undergo rigorous imprisonment for one year; for the offence punishable under Section 148 of the Indian Penal Code, they have been sentenced to undergo rigorous imprisonment for one year; for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code, the appellants have been ' sentenced to undergo Life Imprisonment and a fine of Rs. 1000/ - and in default to undergo rigorous imprisonment for 06 months; and for the offence punishable under Section 307 read with Section 149 of the Indian Penal Code, they have been sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1000/ - and in default to undergo rigorous imprisonment for 06 months.

(2.) IF the case of prosecution is unfolded, the brief facts in nutshell are as under:

(3.) WE have heard the learned Counsel appearing for the appellants. It is submitted by the learned Counsel appearing for the appellants that there are a number of omissions, contradictions and improvements in the evidence of the prosecution witnesses. This aspect of the matter has not been appreciated by the trial Court. Hence, the judgment and order of conviction and sentence passed by the trial Court deserves to be quashed and set aside.