K.S. Jhaveri, J.

1. Heard learned Additional Public Prosecutor for the appellant - State Mr. L.R. Pujari and learned Advocate for the respondents accused Ms. Sadhana Sagar.

2. Criminal Appeal No. 371/2012 is the Appeal for enhancement preferred by the Appellant - State being aggrieved by the judgment and order dated 08.12.2011 of the learned Additional Sessions Judge, Court No. 18, City Sessions Court, Ahmedabad in Sessions Case No. 398/2010 whereby the accused herein were convicted and sentenced as under:-

Sentence qua accused No. 1

Under Section 302 and 114 of IPC and u/s. 135(1) of the Bombay Police Act

Acquitted

Under Sections 323 and 114 of IPC

Simple imprisonment for 50 days and no fine.

Under Section 294 of IPC

No separate order

Sentence qua accused No. 2

Under Section 302 and 114 of IPC and u/s. 135(1) of the Bombay Police Act

Acquitted

Under Sections 326 and 114 of IPC

Rigorous imprisonment for five years and fine of Rs. 3,000/-, in default, simple imprisonment for one month.

Under Section 294 of IPC

No separate order

Sentence qua accused No. 3

Under Section 302 and 114 of IPC a