1. Criminal Appeal No.1067 of 2006 by accused No.2 and
8, and Criminal Appeal No.1142 of 2006 by accused
No.5, of Sessions Case No.23 of 2006 (Old Sessions
Case No.108 of 2005), challenges the judgment of
conviction and order of sentence dated 29.05.2006 by
NEUTRAL CITATION
R/CR.A/1067/2006 JUDGMENT DATED: 28/07/2025
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the learned 1st Fast Track Court, Anand, where the
trial was conducted against nine accused, while
accused No.1, 2, 5 and 8 came to be convicted under
Section 143 of the Indian Penal Code (IPC) with one
month rigorous imprisonment and Rs.100/- fine and
in default of payment of fine, seven days simple
imprisonment, under Section 147 of the IPC, six
months rigorous imprisonment and Rs.100/- fine with
default stipulation of seven days simple imprisonment
and for the offences punishable under Section 436,
read with Section 149 of the IPC, sentenced to five
years rigorous imprisonment and fine of Rs.500/- and
in default, one month simple imprisonment.
1.1 Criminal Appeal No.1198 of 2006 got abated on
06.03.2020 since the appellant-accused No.1 (Alpesh
alias Chako Navinchandra Patel) died on 02.05.2009.
1.2 The sentences were to run concurrently and set off had
been granted under Section 428 of the Code of
Criminal Procedure, 1973 (hereinafter referred to in
NEUTRAL CITATION
R/CR.A/1067/2006 JUDGMENT DATED: 28/07/2025
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short as ‘Cr.P.C.’). The accused No.3, 4, 6, 7 and 9
were acquitted from the charge under Section 143,
147, 148, 149, 436, 457, 380 of IPC and Section 135 of
the Bombay Police Act, giving them benefit of doubt,
while the learned trial Court Judge did not find any
case under Section 147, 457 and 380 of the IPC and
under Section 135 of the BP Act against accused no.1,
2, 5 and 8, finding them guilty under Section 143, 147,
436 read with Section 149 of the IPC.
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