BABUBHAI VISABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal Nos. 828 of 2002 and 295 of 2002 are directed against the judgment and order dated 9.1.2002 in Sessions Case No. 253 of 2000 by the learned Additional Sessions Judge, Mehsana, recording the conviction of the Original Accused No.1 Harijan Babubhai Visabhaui (A-1) for the offence under Section 302 read with Section 114 of Indian Penal Code ("IPC") and imposing sentence of imprisonment for life and fine of Rs.200/- and in default, RI for one month. Also recording conviction for the Original Accused No.2 Patel Vishnubhai Ambalal for offence under Section 324 read with Section 114 of IPC and imposing sentence of RI for one year and fine of Rs.500/-, in default RI for one month. For Original Accused No.3 Patel Amitaben @ Ambaben Vishnubhai, recording conviction for offence under Section 324 read with Section 114 of IPC and imposing sentence of RI for 2 years and fine of Rs.500/- and in default, RI for one month, and also recording the acquittal of Accused No.4 Patel Arvindbhai Mathurbhai.

(2.) Criminal Appeal No. 342 of 2002 is directed against the judgment and order dated 9.1.2002 in Sessions Case No. 99 of 2001 (which is a cross case) wherein the learned Additional Sessions Judge has recorded the conviction of Original Accused No.1 Patel Ranchodbhai Ambalal for offence under Section 323 read with Section 114 of IPC and imposing sentence of RI for one year and fine of Rs.500/- and in default RI for one month. The learned Additional Sessions Judge has also recorded conviction of Original Accused No.2 Patel Bharatbhai Ambalal for offence under Section 325 read with Section 114 of IPC and imposing sentence of RI for three years and fine of Rs.1000/- and in default RI for two months, and also recorded conviction for the offence under Section 323 read with Section 114 of IPC and imposing the sentence of RI for one year and fine of Rs.200/- and in default RI for one month. However, they have been acquitted for the charges for the offence under Section 504 and 506(2) of IPC.

(3.) As these Appeals arise out of the same incident, resulting in cross case, they are heard together and are accordingly dealt with, as the facts are common.