ASIF UMARBHAI KASMANI MEMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under section 374 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of conviction dated 20. 1. 2006 Presiding Officer, F. T. C. No. 4, Morbi in Sessions Case No. 35 of 2003 whereby the appellant - Original accused no. 3 has been convicted for offence under section 363 and directed to undergo R. I. for five years and fine of Rs. 5,000/- I. D. Imprisonment for a period of 1 year and convicted under section 366 and directed to undergo for seven years and fine of Rs. 5,000/- I. D. an imprisonment for a period of 1 year. The sentences were ordered to run concurrently.

(2.) ORIGINAL accused no. 1 has preferred Criminal Appeal no. 536 of 2006 against the same order where he has been convicted under Section 363 and directed to undergo for five years and fine of Rs. 5,000/- , and convicted under Section 365 and directed to undergo five years and fine of Rs. 5,000/- , and convicted under Section 366 and directed to undergo seven years and fine of Rs. 5,000/- , and convicted under Section 323 and directed to undergo one year and fine of Rs. 1,000/- , and convicted under Section 342 and directed to undergo one year and fine of Rs. 1,000/- , and convicted under Section 376 and directed to undergo ten years and fine of Rs. 10,000/- , and convicted under Section 506 sub Section (2) and directed to undergo five years and fine of Rs. 5,000/- I. D. Undergo one year S. I. The sentences were ordered to run concurrently.

(3.) CRIMINAL Appeal No. 771 of 2006 is at the instance of the state against the aforesaid order of acquittal.