CHIKABHAI ATMARAM THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By these appeals the appellant Nos. 1 to 5 - original accused Nos. 1 to 5 in Criminal Appeal No. 508 of 1991 have questioned the legality and validity of the impugned judgment and order of conviction and sentence recorded by the learned Sessions Judge, Ahmedabad (Rural), Mirzapur at Ahmedabad in Sessions Case No. 11 of 1991. It appears from the record that the Criminal Appeal No. 482 of 1991 came to be filed through jail by the appellant No. 2 and thereafter he came to be released on bail whereas Criminal Appeal No. 508 of 1991 is filed by the accused person including the original accused No. 2. That is how this Court while admitting Criminal Appeal No. 508 of 1991 directed that the Criminal Appeal No. 482 of 1991 to be heard along with Criminal Appeal No. 508 of 1991. Since both the appeals are in respect of same offence and same judgment and order, and in view of the order dated 18-1-1992 of this Court, both the appeals are being disposed of after hearing, simultaneously, by this common judgment.

(2.) The appellant Nos. 1 to 5 in Criminal Appeal No. 508 of 1991 are the original accused Nos. 1 to 5 in the Sessions Case No. 11 of 1991 who came to be convicted by the trial Court. The appellants are hereinafter referred to as accused persons in the same order, and the accused persons are held guilty under Sec. 302 read with Sec. 149 I.P.C., and they are sentenced to life imprisonment and to pay fine of Rs. 500.00 each and in default to undergo four months rigorous imprisonment. They are also held guilty for the offence punishable under Sec. 147 I.P.C., and each one is sentenced to undego six months rigorous imprisonment. However, accused Nos. 1 & 3 who were found to have given knife blows to the deceased and are found also guilty for the offence punishable under Sec. 147 and to suffer rigorous imprisonment for six months on that count. The trial Court also has found accused Nos. 1 and 3 guilty under Sec. 135 of Bombay Police Act and sentenced to undergo four months rigorous imprisonment and to pay fine of Rs. 200.00 and in default to undergo one month imprisonment. The impugned order of conviction and sentence in Sessions Case No. 11 of 1991 came to be recorded by the trial Court on 27-5-1991 which is directly under challenge before us in the main appeal.

(3.) With a view to appreciate the merits of the appeals and challenge against it, let us have a conspectus of relevant and material version of the prosecution which has given rise to these appeals.