RAJUBHAI DHAMIRBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) <p><font face="Verdana"><b>04.07.2012</b></font>

(2.) Appellants who are the original accused are challenging the Judgment and order passed by the Sessions Court, Mumbai whereby the learned Sessions Judge was pleased to convict Accused No. 1 Rajubhai Dhamirbhai Baria, Accused No. 4 Pankaj Virendragir Gosai, Accused No. 11 Sanjay @ Bhopo Ratilal Thakkar, Accused No. 12 Bahadursinh @ Jitu Chandrasinh Chauhan, Accused No. 14 Jagdish Chunilal Rajput, Accused No. 15 Dinesh Phulchand Rajbhar, Accused No. 16 Shanabhai Chimanbhai Baria, Accused No. 18 Shailesh Anupbhai Tadvi and Accused No. 20 Suresh @ Lalo Devjibhai Vasava for an offence punishable under section 143 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for six months and also to pay a fine of Rs 500/- each, in default, each of them was to suffer further rigorous imprisonment for fifteen days. They were also convicted for the offence punishable under section 147 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for two years and also to pay a fine of Rs 1000/- each, in default, each of them was to suffer further rigorous imprisonment for one month. They were also convicted for an offence punishable under section 324 of the Indian Penal Code read with Section 149 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for three years, and also to pay a fine of Rs 1000 each, in default, each of them was to suffer further rigorous imprisonment for one month. They were also convicted for an offence punihshable under section 326 of the Indian Penal Code read with section 149 of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life and also to pay a fine of Rs 5000/- each, in default, each of them was to suffer further rigorous imprisonment for five months. They were also convicted for an offence punishable under section 302 of the Indian Penal Code read with Section 149 of the Indian Penal code and each of them was sentenced to suffer imprisonment for life and also to pay a fine of Rs 5000/- each, in default, to suffer further rigorous imprisonment for five months. They were also convicted for an offence punishable under section 188 of the Indian Penal Code and each of them was sentenced to suffer simple imprisonment for a period of one month.

(3.) Alongwith these appeals, three applications have been filed by one Teesta Setalvad, seeking leave of this Court to intervene in these appeals. Three applications also have been filed by one of the witnesses viz Yasmin P. W. 29 in which she has alleged that she was threatened, pressurized and coerced to give false evidence before the Trial Court and, therefore, she urged and prayed that that there should be re-trial in view of provisions of section 391 of the Criminal Procedure Code.