K.S.JHAVERI, BIREN VAISHNAV
Asgarali Onali Lokhandwala – Appellant
Versus
State of Gujarat – Respondent
K.S. Jhaveri, J.
1. All these matters arise out of the same judgment and order and therefore, they are decided by this common judgment.
2. Challenge in these matters is to the judgment and order passed by the learned Addl. Sessions Judge, Panchmahals at Godhra in Sessions Case No. 292 of 2001 dated 07.11.2006 whereby, original accused No. 1-Asgarali Onali Lokhandwala and original accused No. 2-Hussainbhai Asgarali Lokhandwala were convicted for the offences punishable u/s. 304 Part-I, 323 & 324 IPC.
For conviction u/s. 304 Part-I IPC, both the accused were sentenced to undergo RI for five years and fine of Rs. 50,000/- each and in default, RI for one year. Out of the total amount of fine that may be received from the accused persons, an amount of Rs. 90,000/- was ordered to be paid as compensation to the legal heirs of deceased Idrishbhai and the balance sum of Rs. 10,000/- was ordered to be accepted as Fine.
For conviction u/s. 323 IPC, both the accused were sentenced to undergo RI for seven years; whereas, for conviction u/s. 324 IPC, they were sentenced to undergo RI f
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