RAMESH KITTA PUJARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the above said Appeals filed under Section 374 of the Code of Criminal Procedure Code are arising from the same judgment and order and, hence, both the Appeals have been admitted by this Court vide order dated 30.12.2008 and are directed to be tagged and heard together.

(2.) BOTH these Appeals are preferred against the judgment and order delivered by Additional Sessions Judge and Presiding Officer, 5th Fast Track Court, Vyara, on 22.02.2008, in Session Case No. 62 of 2006 and Session Case No. 63 of 2006. Appellant Ramesh Kitta Pujari was accused in Session Case No. 62 of 2006 and appellant Viky @ Vivek Bhagvandas Sharma was accused in Session Case No. 63 of 2006. Both the appellants came to be convicted for the offences punishable under Sections 395 to read with Section 397 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 1,000/ -, in default, to undergo simple imprisonment of one month. The accused were also convicted for the offence punishable under Section 25(1)(b) to read with Section 27(1) of the Indian Arms Act and each of the appellant was sentenced to undergo rigorous imprisonment of three years and to pay fine of Rs. 1,000/ -, in default, to undergo simple imprisonment of one month.

(3.) APPELLANT -Viky @ Vivek Bhagvandas Sharma has preferred Criminal Appeal No. 2819 of 2008 and appellant Ramesh Kitta Pujari has preferred Criminal Appeal No. 2719 of 2008 against their conviction and sentence awarded by the Trial Court. Record and Proceedings were called for from the Trial Court by order of this Court passed on 30.12.2008.