ALLARAKHA NATHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal under Section 374 (2) read with Sections 382 and 389 of the Code of Criminal Procedure ('the Code' for short) challenges the judgment and order dated 24-12-1987 passed by the learned Addl. Sessions Judge, Ahmedabad (Rural) at Narol, in Sessions Case No. 107 of 1986 whereby the present appellants-original accused Nos. 1 to 8 and 10, on being tried, were convicted for the offences punishable under Secs. 147, 148, 307 read with Sec. 149 as well as under Secs. 325 and 326 read with Sec. 149 of IPC. Original accused Nos. 3 and 7 were also convicted for the offence under Sec. 25 (C) of Arms Act. The original accused Nos. 9 and 11 were however acquitted of all the charges levelled against them. For the sake of brevity and convenience, the appellants Nos. 1 to 9 will be referred hereinafter as "the original accused Nos. 1 to 8 and 10" as per their original status in the Sessions Case.

(2.) FOR the offences punishable under Secs. 147 and 148, each of the accused Nos. 1 to 8 and 10 was sentenced to suffer RI for six months and to pay fine of Rs. 100/-, in default, to suffer further RI for 15 days. For the offence punishable under 307 read with Sec. 149, each of the accused Nos. 1 to 8 and 10 was sentenced to suffer RI for four years and to pay fine of Rs. 500/-, in default, to suffer further RI for six months.

(3.) HOWEVER, no separate sentence was awarded for each of the offences punishable under Sec. 325 and 326 read with Sec. 149 of IPC as they were sentenced under Sec. 307 read with Sec. 149 of IPC.