(1.) The Criminal Appeal No.582 of 2015 is filed at the instance of original accused Nos.1, 5, 6 and 7 questioning the legality and validity of the judgment and order of the conviction passed by the Sessions Judge, Jamnagar dated 25.3.2015 in Sessions Case No.132 of 2009 with Sessions Case No.59 of 2010. The appellants are convicted for the offence under Section 302 read with Sections 120B, 34 and 114 of Indian Penal Code ["IPC" for short] and sentenced to undergo life imprisonment with fine of Rs.1,000/-; in default of fine, to undergo further simple imprisonment for 7 days. The appellants are further convicted for the offence punishable under Sections 364, 365, 34 and 114 of IPC and sentenced to undergo 10 years of rigorous imprisonment and fine of Rs.1,000/-; in default, to further undergo simple imprisonment for 7 days. The appellants are also convicted for the offence punishable under Section 201 of IPC and sentenced to undergo 2 years of rigorous imprisonment and fine of Rs.500/-; in default of making payment of fine, to further undergo simple imprisonment for 3 days. There is no separate punishment imposed for the offence under Section 365 of IPC.
(2.) Criminal Appeal No.38 of 2016 is preferred by the appellant original complainant whose father was kidnapped and murdered in the alleged offence. He has filed appeal against the acquittal of original accused No.2 in the aforesaid case.
(3.) We take notice of the fact that in all there were 7 accused against whom the charge-sheets were filed by the prosecution but accused No.4 was permitted to be an approver by the Sessions Judge, Jamnagar. In the result, accused Nos.1, 2, 3, 5, 6 and 7 were put to trial in the Court of Sessions Judge, Jamnagar for the aforesaid offences. The original accused Nos.2 and 3 were acquitted in connection with the said offences.
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