RASIKBHAI RAMSINGH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals. Appeal No. 1042 of 1992 being conviction appeal, at the instance of original accused Nos. 4 and 5 in Sessions Case No. 124 of 1991 whereas Appeal No. 1281 of 1992 being acquittal appeal against original accused Nos. 1, 2 and 3 in the same Sessions Case, are being disposed of by this common judgment upon joint request and in the circumstances of the case.

(2.) The appellants in .conviction appeal are hereinafter referred to as original accused Nos. 4 and 5 and respondents in acquittal appeal are hereinafter referred to as original accused Nos. 1, 2 and 3, for the sake of convenience and brevity.

(3.) Conviction of original accused No. 4 out of original five accused persons in Sessions Case No. 124 of 1991 under Sec. 302 I.P.C. and resultant sentence of R.I. for life and fine of Rs. l.000.00 and in default R.I. for one year and conviction under Sec. 323 against accused No. 5 and sentence of six months S.I. and fine of Rs. 500, in default S.I. for one month and conviction under Sec. 135 of the Bombay Police Act and resultant sentence of S.I. for four months and fine of Rs. 100.00 in default S.I. for 15 days in Conviction Appeal No. 1042 of 1992. is challenged by the appellants-original accused Nos. 4 and 5; whereas, in Criminal Appeal No. 1281 of 1992. State has challenged the acquittal of the accused persons of all the charges.