UMAANJI RAJAJI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed by the accused persons against the common judgment and order dated 22nd September 1999 passed by the learned Additional City Sessions Judge, Court no.2 Ahmedabad in Sessions case no. 303 of 1996, whereby the learned trial Judge found all the accused persons guilty for commission of an offence punishable under Section 143 of the IPC and sentenced each one of them to undergo simple imprisonment for a term of 2 months and pay fine of Rs. 100/-; and in default thereof, to undergo 7 days simple imprisonment. And also found all the accused persons guilty for commission of an offence punishable under Section 147 of the IPC and sentenced each one of them to undergo simple imprisonment for a term of 1 year and pay fine of Rs. 200/-; and in default thereof, to undergo 7 days simple imprisonment; and also found all the accused persons guilty for commission of an offence punishable under Section 148 of the IPC and sentenced them to undergo simple imprisonment for a term of 1 year and pay fine of Rs. 200/-; and in default thereof, to undergo 7 days simple imprisonment and found all the accused persons guilty for commission of an offence punishable under Section 307 read with Section 149 of the IPC and sentenced them to undergo rigorous imprisonment for a term of 5 years and pay fine of Rs. 200/-; and in default thereof, to undergo 1 month simple imprisonment. In order to appreciate the issue involved in these appeals, few facts need to be mentioned herein below.

(2.) The appellants of Criminal Appeal no. 1148 of 1999 are the original accused nos. 1, 3, 4, 5, 6, 8 to 12 in Sessions Case no. 303 of 1996, and whereas, the appellants of Criminal Appeal no. 1306 of 1999 are the original accused no. 2 and 7 in Sessions Case No. 303 of 1996. All these accused have been prosecuted to stand trial for commission of an offence punishable under Sections 143, 147, 148, 149, 188, 307, 324, 452 of the IPC read with Section 135 (1) of the Bombay Police Act.

(3.) In short, the prosecution case against the appellants-accused was that on 29th September, 1995 at about 10:45 PM in Sardarnagar area of Ahmedabad city, all the accused designated in an unlawful assembly with a common object of causing grievous injuries, or to commit murder by using deadly weapons such as Dhariya, Sword, iron pipes, wooden sticks, assaulted the complainant and witnesses and thereby committed the offence: as noted herein above. The injuries sustained were contusion wound, swelling fracture of limbs, breaking of teeth, stab, cut wound, head injury, fracture of tibia and fibula tissues, etc.