DEVJIBHAI H MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise from the judgment and order dated 17-4-1986 passed by the learned Addl. Sessions Judge, Bharuch, in Sessions Case No. 68 of 1985 by which the learned Judge has convicted the original accused Nos. 1 to 4 for the offences punishable under Sec. 304 (2) read with Sec. 34, Sec. 324 read with Sec. 34 and Sec. 323 read with Sec. 34 of IPC. However, the original accused No. 5 was acquitted from the charges levelled against him.

(2.) FOR the offence punishable under Sec. 304 (2) read with Sec. 34 of IPC, the original accused Nos. 1 to 4 were sentenced to suffer five years RI and to pay fine of Rs. 200/-, in default, to suffer 6 months imprisonment. For the offence punishable under Sec. 324 read with Sec. 34 of IPC, the original accused Nos. 1 to 4 were sentenced to suffer one year RI and to pay fine of Rs. 100/-, in default, to suffer 3 months imprisonment and for the offence punishable under Sec. 323 read with Sec. 34 of IPC, the original accused Nos. 1 to 4 were sentenced to suffer six months RI and to pay fine of Rs. 100/-, in default, to suffer one month imprisonment. All the sentences were ordered to run concurrently.

(3.) CRIMINAL Appeal No. 567 of 1986 is preferred by the original accused No. 1 while Criminal Appeal No. 576 of 1986 is preferred by the original accused No. 2 and 4. Original accused No. 3 has not preferred any appeal.