(1.) These appeals have been filed by the Accused No.1 (Criminal Appeal No.1586 of 2008), Accused No. 2 (Criminal Appeal No.1549 of 2007) and Accused No. 5 (Criminal Appeal No.1550 of 2007) against the judgment and final order of the High Court of Gujarat dated 1st Sept., 2006. The High Court has upheld the decision of the Sessions Court, convicting Accused Nos. 1, 2, 3 and 5 for offences under Sections 302 r/w 120-B, 364 and 201 of the Indian Penal Code, 1860 ('IPC') and for the murder of one Gadadharanandji. The High Court, however, has acquitted Accused No.4 of the said offences. The High Court commuted the death sentence awarded by the Sessions Court to a sentence of life imprisonment for the aforementioned four accused. Accused No.3 has not filed any appeal before this Court against the impugned judgment.
(2.) The factual matrix of the case in hand, as gleaned from the pleadings and submissions of the parties as also the record, is as under:
(3.) The case of the prosecution is that the accused were misappropriating funds from the temple in which they were functionaries. Gadadharanandji, being the newly elected Chairman of the Board of Trustees of the temple, intended to transfer the accused from the Vadtal Temple. This proposal bewildered and irked the accused. They conspired to and subsequently murdered Gadadharanandji to put an end to his plan to transfer them. After the murder, the accused transported the body of the deceased to Rajasthan where they burned it to destroy the evidence.
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