NIZAMMIYA AKBARMIYA SAYEED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order rendered by the Sessions Court, Mehsana camping at Patan in Sessions Case No.163 of 1997 on December 15, 1999. The Sessions Court tried the appellants for the offences punishable under Sections 302, 307, 324, 354, 294 -B and 34 of Indian Penal Code, Section 25 -C of the Arms Act and Section 135 of the Bombay Police Act. The Sessions Court recorded conviction of three accused persons before it for offence punishable under Sections 302 read with Section 34, Section 307 read with Section 34 and sentenced them to undergo imprisonment for life and pay a fine of Rs.1000/ - for the offence punishable under Section 302 read with 34 and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1000/ - each and in default, to undergo simple imprisonment for six months respectively. The Sessions Court also convicted original accused Nos.1 and 3 Nizammiya and Aminmiya for the offences punishable under Section 25(1 -A) of the Arms Act and sentenced both of them to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/ - each and to undergo simple imprisonment for a period of six months in case of default in payment of fine. All the sentences were ordered to run concurrently and the accused persons were given the benefit of set off. The accused persons were acquitted for rest of the charges giving them benefit of doubt. Aggrieved by the said judgment and order, the appellants original accused Nos.1, 2 and 3 in the said Sessions Case respectively have preferred this appeal.

(2.) WE have heard learned Senior Advocate Mr.K.J.Shethna for the appellants and learned APP Mr.Bhate for the respondent State. We have also examined R and P which is before us.

(3.) THE facts of the case in brief can be stated thus :