NAREJA ABUBHAI UMARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals are filed against the judgement and order dated 20. 12. 2001 passed by the learned Sessions Judge, Amreli.

(2.) THESE two appeals are cross cases. In one case i. e. Appeal No. 281 of 2002 accused persons have been convicted under Section 307 of the IPC and in another case i. e. Appeal No. 6 of 2002 accused persons have been convicted under Section 302 read with Section 114 of the IPC. This being a case where both the parties were aggressors with the aid of vicarious liability cannot be taken and in that background we are persuaded at the joint submission of the learned counsel that each individual should be punished for his own case. Accused persons in Appeal No. 281 of 2002 represented through Mr. Jal Unwala have been convicted under Section 307 of IPC for 10 years rigorous imprisonment. We are persuaded to reduce the sentence of 10 years imprisonment to already undergone.

(3.) IN the appeal i. e. Appeal No. 6 of 2002 filed through Mr. B. M. Mangukia, out of three accused persons, one accused namely appellant No. 3 - Nareja Amanbhai Umarbhai is the person who is the author of the fatal injury. We would convict him under Section 302 simpliciter because the injury caused by him was responsible for causing death. The other accused's conviction under Section 302 read with Section 114 of the IPC is converted to Section 307 only and their sentence is reduced to already undergone.