RAJENDRA BHARATBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS group of criminal appeals arises out of a judgment and order rendered by the Sessions Court, Surat, in Sessions Case No. 19/2003, on 31. 7. 2006. By the said judgment, the appellants in Criminal Appeal Nos. 1764/2006, 1395/2006, 1445/2006, 1491/2006 and 1557/2006 came to be convicted for the offences punishable under Section 304 Part-I and Section 304 Part-I read with Section 34 of the Indian Penal Code ["ipc" for short]. These appellants were accused before the Sessions Court. They were charged with the offences punishable under Sections 302, 143, 147, 148, 149 and 120-B of IPC and Section 135 of the Bombay Police Act. On being convicted, as stated above, they have preferred these appeals. 1. 1 The accused persons came to be acquitted for the charges punishable under Sections 302, 143, 147, 148, 149 and 120-B of IPC and Section 135 of the Bombay Police Act. The State of Gujarat has preferred Criminal Appeal No. 2165/2006 under Section 377 of the Code of Criminal Procedure for enhancement of sentence awarded to the accused persons by the Trial Court.

(2.) THE brief facts of the prosecution case can be stated thus:

(3.) CHARGE against the accused persons was framed at Exhibit 26 for the offences punishable under Sections 302, 143, 147, 148, 149 and 120-B of IPC and Section 135 of the Bombay Police Act. The accused pleaded not guilty to the charge and claimed to be tried.