- (1.)These three appeals arise out of a judgment and order dated 11-2-2005 passed by the learned Special Judge, F.T.C. No. 4, Patan, in Special (Atrocity) Case No. 185 of 2002 (old Special (Atrocity) Case No. 11 of 2000), convicting appellants for the offences punishable under Section. 302 read with Section 34 and Section 120B read with Section 34 of the Indian Penal Code ("I.P.C." for short) and sentencing them to suffer life imprisonment and to pay a fine of Rs. 10,000/- each, in default, to undergo further imprisonment for three years. The appellants in Criminal Appeal No. 472 of 2005 have also been convicted for the offence punishable under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to suffer life imprisonment. Both the sentences were ordered to run concurrently. Original accused No. 3 has been acquitted of the offences for which he was charged. Original accused No. 4, Panabhai Dalabhai Shrimali, died during the pendency of trial, and therefore, proceedings against him stood abated.
(2.)Criminal Appeal No. 659 of 2005 is preferred by convicted accused Nos. 1 and 2, who are represented by learned Advocate Mr. Jayesh V. Bhairavia. Criminal Appeal No. 472 of 2005 is preferred by convicted accused Nos. 6 and 7, who are represented by learned Senior Advocate Mr. Y. S. Lakhani; whereas Criminal Appeal No. 651 of 2005 is preferred by convicted accused No. 5, who is represented by learned Advocate Mr. Bharat Jani.
(3.)Since, all these appeals arise out of the same judgment and order and incident, they are heard together and are decided by this common judgment. For the sake of convenience, the appellants in all the three appeals are referred to as 'accused' with reference to their original accused number.