YASHWANTSINH BADALSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL the three appeals arise from the judgment and order dated 2-3-2007 passed by the learned Addl. Sessions Judge and Presiding Officer, Fast Track Court No. 1, Valsad, in Sessions Case No. 90 of 2006 whereby the learned Judge has convicted all the original accused Nos. 1 to 4 for the offences punishable under Secs. 394 and 397 of IPC. However, they were acquitted for the offence under Sec. 25 (1)B (A) of Arms Act.

(2.) FOR the offence punishable under Sec. 394 of IPC, each of the original accused was sentenced to suffer five years RI and to pay fine of Rs. 1000/-, in default, to suffer further one month SI. For the offence punishable under Sec. 397 of IPC, each of the original accused was sentenced to suffer RI for 7 years and to pay fine of Rs. 2000/-, in default, to suffer further two months SI. All the sentences were ordered to run concurrently. The accused were given set off for the period already undergone in jail.

(3.) CRIMINAL Appeal No. 753 of 2007 has been preferred by the original accused No. 1, Criminal Appeal No. 887 of 2007 has been preferred by the original accused No. 4 while Criminal Appeal No. 1609 of 2008 has been preferred by the original accused No. 3. It may be noted that the original accused No. 2 is absconding and no appeal has been preferred on his behalf.