AMBU KIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Sr. Counsel Mr. M.R. Barot for the appellants and learned A.P.P. Shri S.P. Dave for the respondent-State.

(2.) The appellants hereinabove alongwith one Bai Mani the wife of the appellant No. 1 and one Surekha, the daughter of appellant No. 1 came to be tried by the learned Sessions Judge, Valsad at Navsari in the matter of Sessions Case No. 91/88 in respect to the charge for the offences made punishable under Secs. 302, 326, 324, 307 read with Secs. 147, 148 and 149 of the Indian Penal Code ("IPC" for short), in the alternative read with Sec. 34 of the IPC. That vide impugned judgment and order dated 12.2.1990, the learned Sessions Judge Convicted the appellants (original accused Nos. 1, 2 and 3) for the offences made punishable under Sec. 302 read with Sec. 34, IPC. That the appellant No. 2 (original accused No. 2) is also convicted for the offence made punishable under Sec. 324, IPC while the appellant No. 3 is convicted for the offence made punishable under Sec. 302 read with Sec. 34, IPC and also for Sec. 323, IPC and imposed the sentence on all the appellants of rigorous imprisonment for life. That no separate sentence is imposed on appellant No. 2 for the conviction under Sec. 324, IPC. Similarly, no separate sentence is imposed on the appellant No. 3 for the conviction under Sec. 323. That vide said judgment and order, the learned Sessions Judge acquitted Bai Mani & Surekha (original accused Nos. 4 and 5) from all the offences charged against them.

(3.) That the appellants have filed the present appeal to challenge the said judgment and order of conviction as well as sentence imposed on them. It may be noted that being aggreived and dissatisfied by the said judgment and order of acquittal in respect to original accused Nos. 4 and 5, State had preferred application claiming leave to file acquittal appeal vide Appeal No. 374/90. However, vide order dated 28.3.1990 this Court (Coram : N.B. Patel & S.M. Soni, JJ.) refused to grant the leave and rejected the appeal summarily. That vide order dated 14.3.1990, this Court (Coram : G.T. Nanavati & K.J. Vaidya, JJ.) admitted the present appeal. That vide subsequent order dated 28.3.1990 the appellant No. 3 was ordered to be released on bail with certain conditions as stated in the order and vide order dated 28.12.1993 the final hearing of the appeal was expedited and was ordered to be listed for hearing in the month of February, 1994.