2007 Supreme(Guj) 548
C.K.BUCH
SALIM SHAMSUDDIN SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
Advocates Appeared: B.C.Dave, CHETAN K.PANDYA, HIMANSHU J.MEHTA, J.M.PANCHAL, K.J.PANCHAL, PANDIT, S.V.RAJU
( 1 ) THESE three appeals are preferred under the provisions of Section 374 read with Section 386 of the Code of Criminal Procedure, challenging the legality and validity of the order of conviction and sentence passed by the learned City Sessions Judge, Court No. 11, Ahmedabad City disposing two Sessions Case No. 46 of 1999 and Sessions Case No. 190 of 2000, on 23rd April, 2004 whereby the learned trial Judge has held the accused Nos. 1 and 2 guilty of the charge of offence punishable under Section 25 (1) (a) read with Section 35 of the Arms Act and sentenced him to undergo three years rigorous imprisonment and to pay a fine of Rs. 5,000/-, in default thereof to undergo three months rigorous imprisonment and the accused Nos. 1, 2 and 4 have been held guilty of the charge of offence punishable under Section 25 (1aa) read with Section 35 of the Arms Act and sentenced them to undergo seven years rigorous imprisonment and to pay a fine of Rs. 10,000/- each and in default of making payment of fine to undergo six months rigorous imprisonment. The leaned trial Judge has ordered that all the sentences shall run concurrently with benefit under Section 428 of the Code of Criminal Procedure.
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