JUDGMENT :

S.V. PINTO, J.

1. Since all the present criminal appeals arise out of the same judgment and order and involve common questions of fact and law, they are heard together and are being decided by this common judgment.

1.1. An offence was registered at Jamnagar Panchkoshi ‘A’ Division Police Station, Jamnagar on 25.05.2004, and after investigation, the Investigating Officer filed in all four charge sheets against the accused detailed as under:

1.2. The learned Special Judge and Additional Sessions Judge, Fast Track Court No.4, Jamnagar (hereinafter referred to as “the learned Trial Court”) tried all the cases together as they were arising out of the same FIR and delivered a common judgment in all cases.

1.3. In the impugned judgment, the learned Trial Court referred to the accused in Special Case No. 7 of 2004 as the accused nos. 1 to 8, the accused in Special Case No. 2 of 2005 as the accused No. 9, the accused in Sessions Case No. 4 of 2006 as the accused no.10 and the accused in Sessions Case No. 44 of 2006 as the accused nos.11 and 12 respectively. The appellants and the respondents, who were the original accused before the learned Trial Court are hereinafter referred to as the “accused” in the rank and file referred to in the impugned judgment for the sake of convenience, clarity and brevity.

1.4. During the pendency of these criminal appeals, the original accused no.2 Sultanbhai Hasambhai Sumra expired on 14.01.2020, original accused no.5 Velubha Jivubha Zala expired on 09.10.2024, original accused no.6 Aamadbhai Mamadbhai Dhunda expired on 20.12.2011 and original accused no.11 Anwarsha @ Anusha or Nano Bapudi Son of Mamadsha Aamadsha Banwa Fakir expired on 08.04.2012, and hence, the criminal appeals qua the above referred original accused, who have expired, have become infructuous and have been disposed of accordingly.

2. The brief facts that emerge from the record of the case are as under:

2.1. The accused no.1 was a Driver Police Head Constable at the M.T. Branch, Police Headquarters, the accused no.2 was an Assistant Sub Inspector, the accused no. 3 was a Police Head Constable and the accused nos. 4 and 5 were Police Constables and all the accused nos.1 to 5 were posted at Police Headquarters, Jamnagar and were Public Servants. The accused nos. 9 to 12 and one Rafiq @ Raflo @ Bapudi Mamadsha Fakir were under-trial prisoners lodged in District Jail, Jamnagar and their trials were pending before the Additional Sessions Judge and Fast Track Court No.15, Ahemdabad (Rural) at Navarangpura. The accused nos.9, 11 and Rafiq @ Raflo @ Bapudi Mamadsha Fakir were under-trial prisoners of Sessions Case No.183 of 2003 and the accused nos. 10 and 12 were the under-trial prisoners of Sessions Case No.179 of 2000 both the sessions cases arising out of the FIR registered at Dhanduka Police Station 1-C.R. No.168 of 2000 for the offence under Sections 302, 324, 147, 148, 149, 323, 504 of the IPC and Section 25(1)(B) of the Arms Act,. The accused nos.9 to 12 and accused Rafiq @ Raflo @ Bapudi Mamadsha Fakir were to be produced before the Additional Sessions Judge and Fast Track Court No.15, Ahmedabad (Rural) at Navarangpura, and in pursuance thereof, on 23.05.2004, a Police Escort Party comprising of the accused nos.1 to 5 took the custody of the under-trial prisoners and proceeded to Ahmedabad in a Navy Blue Light 407 vehicle bearing registration no.GJ-10-G-0406. During the course of the transit, the accused nos.1 and 2 demanded an illegal gratification of Rs.5000/- from the under-trial prisoners for extending undue favours, and in response thereto, the accused no.12 paid the said amount. After completion of the court proceedings before the Additional Sessions Judge and Fast Track Court No.15, Ahmedabad (Rural) at Navarangpura, the Escort Party along with the under-trial prisoners commenced their return journey to District Jail, Jamnagar. In the early hours of 25.05.2004, when they reached Rajkot - Jamnagar Highway near Khijadiya Bye-pa