STATE OF GUJARAT Vs. FATABHAI JENABHAI ZALA

JUDGEMENT

(1.) THE present appeal, under section 377 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 21. 12. 2004 passed by the learned Joint District Judge and Presiding Officer, 5th Fast Track Court, Nadiad, in Special Case No. 06 of 2001, whereby the learned Judge held the accused No. 1 Fatabhai Jenabhai Jhala guilty and convicted him for the offence punishable under section 304 Part-I of I. P. Code and sentenced him to suffer RI for Seven years and to pay fine of Rs. 1000/- i/d to undergo SI for three months, held the accused No. 5 Manubhai Adabhai Jhala guilty and convicted him for the offence under Section 326 I. P. Code and sentenced him to suffer RI for three years and to pay fine of Rs. 500/- i/d to undergo SI for three months; held the accused No. 2 Govindbhai Fatabhai Jhala guilty and convicted him for the offence under Section 324 I. P. Code and sentenced him to suffer RI for one years and to pay fine of Rs. 500/- i/d to undergo SI for three months and for the offence under Section 326 I. P. Code and sentenced him to suffer RI for three years and to pay fine of Rs. 500/- i/d to undergo SI for three months and the learned Judge has ordered that both the sentences shall run concurrently; the accused No. 3 Jashubhai Adabhai Jhala guilty and convicted him for the offence under Section 324 I. P. Code and sentenced him to suffer RI for one years and to pay fine of Rs. 500/- i/d to undergo SI for three months. However, the learned Judge has acquitted appellant accused No. 6 Parsottambhai Hathibhai Jhala from the charges levelled against him. Since the appellant accused No. 4 has died the case against him is abated.

(2.) THE brief facts of the prosecution case are as under:

(3.) BEING aggrieved by and dissatisfied with the Judgment and Order dated 21. 12. 2004 passed by the learned Joint District Judge and Presiding Officer, Fast Track Court No. 5, Nadiad, in Sessions Case No. 06 of 2001, the appellant State has filed this Appeal.