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2016 DIGILAW 291 (GUJ)

Thakor Balabhai Visabhai v. State of Gujarat

2016-02-08

K.S.JHAVERI, R.P DHOLARIA

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JUDGMENT : K.S Jhaveri, J. “In the result, Criminal Appeal No. 2199 of 2008 preferred by the original accused Nos. 1 to 4 is partly allowed; while allowing the said appeal in respect of original accused No. 6. 2. The judgment and order rendered in Sessions Case No. 46 of 2007 on 11/07/2008 by the learned Additional Sessions Judge, Patan, convicting the original accused No. 1-appellant No. 1 of CR.A No. 2199 of 2008 for the offence punishable under Sections 302, 324, 323 read with Section 147, 148 and 149 of the Indian Penal Code, is altered to one punishable under Section 304 Part-I of the Indian Penal Code and, accordingly he is directed to undergo rigorous imprisonment of ten years for the said offence and the period of sentence already undergone shall be considered for remission of sentence. The bail bond and surety shall stand cancelled and he is directed to surrender before the Jail Authorities concerned, within a period of twelve weeks from today to serve the remaining sentence; failing which, the concerned Jail Authority shall take appropriate action, in accordance with law. 3. Insofar as original accused Nos. 2 to 4-appellant Nos. 2 to 4 of CR.A No. 2199 of 2008 are concerned, the judgment and order of conviction and sentence for the offence punishable under Section 302 read with Sections 147, 148 and 149 of the IPC, is quashed and set aside; however the judgment and order of conviction under Sections 323 and 324 r/w Sections 147, 148 and 149 of the IPC is confirmed and their order of sentence is reduced to the sentence already undergone by them, on the condition that they will deposit a sum of Rs. 10,000/- (Rupees Ten Thousand Only) each as compensation to the son of deceased-Ghelabhai Kachrabhai within a period of 12 weeks from today and the said amount of compensation will be deposited before the Sessions Court concerned, which in turn shall be paid to the son of the deceased as compensation after due and proper verification. If the org. accused Nos. 2 to 4 will not deposit the amount of compensation as directed herein above, then they are required to undergo the remaining sentence awarded under Sections 323 and 324 r/w Sections 147, 148 and 149 of the Indian Penal Code by the trial Court. 4. If the org. accused Nos. 2 to 4 will not deposit the amount of compensation as directed herein above, then they are required to undergo the remaining sentence awarded under Sections 323 and 324 r/w Sections 147, 148 and 149 of the Indian Penal Code by the trial Court. 4. Insofar as org.accused No. 6-appellant No. 5 of CR.A No. 2199 of 2008 is concerned, the judgment and order of conviction and sentence rendered qua him is quashed and set aside. He is ordered to be acquitted of all the charges levelled against him. Bail bond and surety shall stand discharged. 5. Criminal Appeal No. 2241 of 2008 preferred by org.accused No. 5 is allowed. The judgment and order of conviction and sentence rendered qua him is quashed and set aside. He is ordered to be acquitted of all the charges levelled against him. Bail bond and surety shall stand discharged. R & P to be sent back to the trial Court forthwith. 6. Yadi of this Farad shall be forwarded to the Jail Authorities immediately.”