NILESH KESHAVLAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE three appeals arise out of a judgment and order rendered by City Sessions Court No. 13, Ahmedabad, in Sessions Case No. 249 of 2000 on 22nd October, 2002. The appellants in these appeals were the accused before the Trial Court, who have been convicted by the Trial Court for various offences and, therefore, they all challenge the said judgment and order. For the said of convenience, they have been referred to by their original accused numbers.

(2.) AN incident occurred on 26th February, 2000, around 11.00 P.M., at Bungalow No. C -247, Aarti Society on Nikol Road, Odhav, Ahmedabad, where it is alleged that one Jagdishbhai Nandubhai was done to death and an attempt was made on life of his father, Nandubhai Ganpatbhai, by the appellants. The appellants in Criminal Appeal No. 911 of 2002 were accused Nos. 1 to 4, respectively, before the Trial Court. Appellant in Criminal Appeal No. 975 of 2002 was accused No. 5 before the Trial Court and the appellant in Criminal Appeal No. 946 of 2002 was accused No. 6 before the Trial Court.

(3.) LEARNED Advocate, Mr. A. R. Bhatt, for the appellants in Criminal Appeal No. 911 of 2002 contended that the conviction of appellants No. 3 and 4 in Criminal Appeal No. 911 of 2002 as well as that of the appellants in the other two appeals cannot be sustained. He, however, conceded that he was not in a position to assail the involvement, conviction and the sentence so far as they relate to appellants No. 1 and 2 (original accused Nos. 1 and 2) in Criminal Appeal No. 911 of 2002 . He, therefore, under the instructions of the appellants, does not challenge the conviction and the sentence so far as they relate to original accused Nos. 1 and 2.