STATE OF GUJARAT Vs. PASAJI VAGHAJI THAKOR

JUDGEMENT

(1.) CRIMINAL Appeal No. 947/1996 under section 377 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 29. 6. 1996 passed by the learned Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 60/1995, whereby the accused have been convicted the accused no. 1 under sec. 323 and 504 of IPC and sentenced him to suffer S/i for six months and fine of Rs. 500/-, in default, to suffer 15 days for each offence and released on probation, whereas, accused no. 2 has been convicted under sec. 304-II of IPC, and sentenced to suffer S/i for three years and fine of Rs. 2000/-, in default, to undergo S/i for two months. Therefore, the State has preferred this appeal for enhancement of sentence.

(2.) CRIMINAL Appeal No. 948/2001 under sec. 378 of Crpc is directed against the judgment and order of acquittal dated 29. 6. 1996 passed by the learned Sessions Judge, Banaskantha at Palanpur in Sessions case No. 60/1995, whereby the accused have been acquitted of the charges under sec. 302 read with section 34 of IPC levelled against them.

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