JUDGEMENT
J.B.PARDIWALA, J. -
(1.)AS both the captioned Criminal Appeals and the Criminal Revision Application arise from a common judgment and order passed by the Additional Sessions Judge, Fast Track Court No.3, Gondal at Dhoraji dated 17th April 2009, those were heard analogously and are being disposed of by this common judgment and order.
(2.)THE Criminal Appeal No.789 of 2009 and Criminal Appeal No.1285 of 2009 are at the instance of two convicts of the offence under Sections 302, 201 read with Section 34 of the Indian Penal Code whereas the Criminal Revision Application No.419 of 2009 is at the instance of the original complainant, father of the deceased, challenging the judgment and order of acquittal so far as the original accused no.3, viz. Bhartiben @ Bhagvati Kiranbhai Vachhani is concerned.
The Criminal Appeal No.1285 of 2009 is at the instance of the husband of the deceased for the offence punishable under Section 302, 201 read with Section 34 of the Indian Penal Code and is directed against the order of conviction and sentence dated 17th April 2009 passed by the Additional Sessions Judge, Gondal in Sessions Case No.144 of 2009. By the aforesaid order, the learned Additional Sessions Judge, Gondal, found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further rigorous imprisonment for one year. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 201 of the Indian Penal Code and consequently sentenced him to suffer seven years of rigorous imprisonment with fine of Rs.500/ -, and in default, further simple imprisonment for six months.
(3.)THE Criminal Appeal No.789 of 2009 is at the instance of the brother -in -law of the deceased (younger brother of the husband of the deceased) for the offence punishable under Section 302, 201 read with Section 34 of the Indian Penal Code and is directed against the order of conviction and sentence dated 17th April 2009 passed by the Additional Sessions Judge, Gondal in Sessions Case No.144 of 2009. By the aforesaid order, the learned Additional Sessions Judge, Gondal, found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further rigorous imprisonment for one year. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 201 of the Indian Penal Code and consequently sentenced him to suffer seven years of rigorous imprisonment with fine of Rs.500/ -, and in default, further simple imprisonment for six months.
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