YOGESH ALIAS ANILBHAI ZAVERBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order passed by the learned Additional Sessions Judge, Bharuch on 08.02.1995 in Sessions Case No.170 of 1994, convicting the appellant - accused for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentencing him to imprisonment for life for the offence under Section 302 of the Indian Penal Code and imposing a fine of Rs.250/ -, in default, to undergo simple imprisonment for one month and to suffer rigorous imprisonment for a period of two years and imposing fine of Rs.250/ -, in default, to undergo further simple imprisonment for one month for the offences punishable under Section 201 of the Indian Penal Code. The said sentences were to run concurrently. The original accused No.2 - Jayaben @ Dakshaben was acquitted by learned Judge.

(2.) A short spectrum of the relevant and material facts leading to rise of this appeal needs narration at the first stage so as to examine the merits of the appeal and challenge against it. Appellant - accused was resident of Village Samani, Tal. Amod, Dist. Bharuch. It was the case of the prosecution that the appellant had allegedly developed cordial relations with original accused No.2 - Jayaben @ Dakshaben, wife of deceased -Kiranbhai Bhagwanbhai, and as the presence of deceased -Kiranbhai was a hurdle in relation between the present appellant and the original accused No.2 -Jayaben, pursuant to the alleged conspiracy hatched by both of them, the present appellant, in the evening hours of 27.08.1993, took deceased -Kiranbhai on his scooter at the outskirt of Village Pakhajan and allegedly killed him. It was further alleged that both the accused persons have allegedly removed the clothes on the dead body of deceased -Kiranbhai and thrown it to a pit and allegedly tried to bury the dead body of deceased -Kiranbhai in the said pit by filling up clay and also allegedly tried to burn the clothes of the deceased and thereby tried to destroy the evidence.

(3.) As per the complaint filed by one Dharmraj Baliram, an unarmed head constable on 02.09.1993, it transpires that one Ahemadbhai Isam Musa, resident of Village Pakhajan came to the outpost on 01.09.1993 and informed that an unclaimed dead body of an unknown person is lying in the sim area of Village Pakhajan, besides the Narmada Canal.