SUNILBHAI @ CHHINDIYABHAI @ SURESHBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is filed under Section 397 read with Section 401 of the Code of Criminal Procedure Code (hereinafter referred to as "the Code") by the Applicants - Original Accused being aggrieved and dissatisfied with the judgment and order dated 1.9.2018 passed by the learned 2nd Additional Sessions Judge, Ankleshwar in Criminal Appeal No. 18 of 2013 (old Criminal Appeal No. 47/2009), confirming the judgment and order dated 4.9.2009 passed by the learned Judicial Magistrate First Class, Valia in Criminal Case No. 1872 of 2007.

(2.) After considering the evidence on record, the learned Judicial Magistrate at Valia convicted the Applicants under Section 248(2) of the Code for the offence under Sections 380, 457 and 114 of IPC by order dated 4.9.2009 and sentenced to undergo SI for 1 year and to pay fine of Rs.1,000/- for the offence under Section 380 IPC. The Applicants were also sentenced to undergo SI of 2 years and to pay a fine of Rs.1000/- for the offence under Section 457 read with Section 114 IPC. The learned Magistrate ordered that the appellants to undergo one year imprisonment for the offence under Section 380 and after completion of 1 year they shall have to undergo another 2 years of imprisonment under Section 457 read with Section 114 IPC.

(3.) The Applicant Accused has challenged the order of conviction passed by the learned trial court in Criminal Case No. 531/2009 before the learned 2nd Additional Sessions Judge, Ankleshwar. The Appeal was registered as Criminal Appeal No. 18/2013 (Old No.47/2009), which came to be dismissed vide judgment and order dated 1.9.2018.