NAYNABEN ASHOKBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant of Criminal Appeal No.1 of 2019 - original accused No.1 and the appellant of Criminal Appeal No.1063 of 2018 - original accused No.3, have preferred both these appeals challenging the judgement and order of conviction and sentence passed by the Principal District & Sessions Judge, Vyara, District Tapi in Sessions Case No.2/2016 dated 22.1.2018 in connection with the FIR registered with Ukai Police Station bearing registration No.18/2015 dated 11/10/2015.

(2.) Both the accused along with other five accused were tried for the offence punishable under section 302 read with Section 114 of IPC and Section 135 of the Gujarat Police Act. The other five co-accused were acquitted while the appellants - original accused nos.1 and 3 are convicted for the offence punishable under sections 302 read with section 114 of Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.10,000/- each, and in default, sentenced to undergo further imprisonment for a period of six months. The trial court acquitted appellants - original accused Nos.1 and 3 for the offence punishable under section 135(1) of the Gujarat Police Act. Hence, the appellants have preferred both these appeals challenging the judgement and order of conviction and sentence.

(3.) The case of the prosecution in nutshell is as under:-