MUSA AHMAD HAJI VALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred by the appellants co-accused No. 1 to 5 in Sessions Case No. 148/1993 and Sessions Case No. 143/1999, against the judgment and order of conviction recorded by ld. Addl. Sessions Judge, Fast Track Court No. 2, Bharuch, convicting present appellants for the offences proved against them under Section 143, 147, 148, 307, 324, 323 read with section 149 of the Indian Penal Code. The present appellants who are sentenced to suffer R/I of one year for the charges proved against them under Section 143, 147, 148 read with section 149 of Indian Penal Code and fine of Rs. 1000/-, in default, to undergo S/I for one month. The present appellants were also sentenced to suffer R/I for 7 years for the offence proved against them under Section 307 read with Section 149 of Indian Penal Code and with fine of Rs. 3000/-, in default, to undergo S/I for six months. The present appellants were also sentenced for the imprisonment of one month for the offence proved against them under Section 323 read with Section 149 of Indian Penal Code and with fine of Rs. 100/-, in default, to undergo imprisonment of 5 days. The present appellants were also sentenced to imprisonment of one year for the offence proved against them under Section 324 read with section 149 of Indian Penal Code and with fine of Rs. 1000/-, in default, to undergo imprisonment of one month. The ld. Trial Judge directed that all the sentence of imprisonments shall run concurrently. The judgment and order under challenge is dated 29.4.2003. In the above said sessions cases, there were seven accused in all, and by the judgment impugned in this appeal, ori. accused No. 6- Shehnaj Musa and Ori. accused No. 7 Jaheda Adam Ahmad were acquitted of all the charges levelled against them by the ld. Trial Judge. Against this acquittal, it appears that no appeal has been preferred by the State.

(2.) It further appears that when charge-sheet of Sessions Case No. 148/1993 was submitted to the court, ori. accused No. 3- Daud Ahmad Haji was not available and than he made himself available. Further charge-sheet i.e. Sessions Case No. 143/1999 was submitted in respect of ori. accused No. 3- Daud Ahmad Haji and hence, both these Sessions Case No. 148/1993 and Sessions Case No. 143/1999 were tried together by the ld. Addl. Sessions Judge, Bharuch.

(3.) PW-1Ibrahim Umarji, resident of Kurchan, Tal. Amod, Dist. Bharuch, lodged a First Information Report at 7.45p.m. in Amod Police Station before Sakarabhai Ramjibhai Parmar, PW-24, the then Police Sub Inspector, Amod Police Station, against in all, seven accused persons on 28.9.1992 for the offence committed by the accused under section 307, 143, 147, 148, 324, 323 and 504 of Indian Penal Code and section 135 of the Bombay Police Act.