JITENDRABHAI JIVRAJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal challenges the judgment and order rendered by Sessions Court, Jamnagar in Sessions Case No. 155 of 2002 on 31st March, 2004. The appellants came to be tried by the trial Court and came to be convicted for offences punishable under Sec. 302 read with Sec. 34 of Indian Penal Code (I.P.C), Sec. 324 read with Sec. 34, Sec. 323 read with Sec. 34 and Sec. 323 read with Sec. 114 of the I.P.C. and under Sec. 135 of the Bombay Police Act. Both of them were sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each, in default, to undergo simple imprisonment for one year for the offence punishable under Sec. 302 read with Sec. 34 of I.P.C. For the offence punishable under Sec. 324 read with Sec. 34 of I.P.C, they were ordered to undergo rigorous imprisonment for two months and to pay a fine of Rs. 500/- each, in default, to undergo simple imprisonment for six months. For the offence punishable under Sec. 323 read with Sec. 34 of I.P.C, they were ordered to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/- each, in default, to undergo simple imprisonment for one month, and for the offence punishable under Sec. 135 of the Bombay Police Act read with Sec. 114 of I.P.C, they were ordered to undergo rigorous imprisonment for six months and to pay a fine of Rs. 250/- each, in default, to undergo simple imprisonment for two months. For the offence punishable under Sec. 323 read with Sec. 114 of the I.P.C, they came to be acquitted. All the sentences were ordered to run concurrently. Benefit of set-off was made available to the accused-convict.

(2.) The prosecution case in brief, is that appellant No. 1 committed murder of Bipinbhai Babulal Rathod on 10th June, 2002 at about 10-30 p.m. near Modern Garage in Green Market area of Jamnagar by causing fatal injury to the deceased with a knife.

(3.) The investigating agency, after due investigation, found sufficient material against the present appellant and deceased convict Rameshbhai Jivrajbhai, and therefore, filed charge-sheet in the Court of the Chief Judicial Magistrate, Jamnagar, who in turn committed the case to the Court of Sessions and Sessions Case No. 155 of 2002 came to be registered.