SHEKH BABUBHAI SIDDIQBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment and order rendered by the learned Presiding Officer, Fast Track Court No. 4, Mehsana, on 29. 9. 2005, in Sessions Case No. 130/2005. By virtue of the impugned judgment and order, the learned trial Judge convicted the original accused No. 1 for the offences punishable under Sections 395, 397, 342 of the Indian Penal Code and Sections 25 (1) (B) and 27 (1) of the Arms Act read with Section 120-B of the Indian Penal Code. The original accused No. 1 was awarded sentence to undergo R. I for seven years and fine of Rs. 10,000/-, in default of payment of fine, imprisonment for one year, for the offences punishable under Sections 395 and 397 IPC, and R. I for six months and fine of Rs. 500/-, in default, imprisonment for one month, for the offence punishable under Section 342 I. P. C. , and R. I for two years and fine of Rs. 1,000/-, in default, imprisonment for three months, for the offences punishable under Sections 25 (1) (B) and 27 (1) of the Arms Act. No separate sentence was awarded, so far as the conviction recorded under Section 120b IPC is concerned. All the sentences were ordered to run concurrently.

(2.) FEELING aggrieved by and dissatisfied with the conviction and sentence awarded to the original accused No. 1, he has challenged his conviction by preferring Criminal Appeal No. 2539/2005.

(3.) THE prosecution case, in nutshell, is as under:-