LAKHMAJI MARTAJI ASARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants - convicts have preferred present appeal against the judgment and order of conviction dated 31/1/1996 passed by learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 28 of 1993 whereby the appellants-original accused are convicted for the offences punishable under Section 147, 148, 307, 323,324, 337 read with Section 149 of Indian Penal Code and under Section 25 (1) (a) of the Indian Arms Act. The appellants-original accused are directed to undergo rigorous imprisonment for five years for the offences under Section-307 read with Section-149 of Indian Penal Code and to pay fine of Rs. 100/- each and in default to further undergo rigorous imprisonment for nine months; to undergo rigorous imprisonment for two months for the offence under Section 337 read with section-149 of Indian Penal Code and to pay a fine of Rs. 50/- each and in default to further undergo rigorous imprisonment for 10 days; to undergo rigorous imprisonment for one year for the offence punishable under Section-324 read with Section-149 of the Indian Penal Code and to pay a fine of Rs. 75/- each and in default to further undergo rigorous imprisonment for eight months; to undergo rigorous imprisonment for six months for the offence under Section-323 read with Section-149 of Indian Penal Code and to pay a fine of Rs. 25/- each and in default to further undergo rigorous imprisonment for 15 days; to undergo rigorous imprisonment for 9 months for the offence punishable under Section-147 read with Section-149 of the Indian Penal Code and to pay a fine of Rs. 25/- each and in default to further undergo rigorous imprisonment for ten days; to undergo rigorous imprisonment for nine months for the offence under Section-148 read with Section-149 of Indian Penal Code and to pay a fine of Rs. 25/- and in default to further undergo rigorous imprisonment for one month; to undergo the rigorous imprisonment for five years for the offence punishable under Section-25 (1) (a) of Indian Arms Act read with Section-149 of Indian Penal Code and to pay a fine of Rs. 100/- each and in default to further undergo rigorous imprisonment for one year. The learned Additional Sessions Judge has directed to undergo all the major punishment of imprisonment simultaneously.

(2.) IT is stated that the appellant No. 1 was not granted bail and therefore his appeal is dismissed as having become infructuous.

(3.) THE facts of the case as emerging from the record are as under: