STATE OF GUJARAT Vs. RANCHHODBHAI SODABHAI DABHI

JUDGEMENT

(1.) THE appellant " State of Gujarat, preferred this appeal u/s.377 of the Code of Criminal Procedure for enhancement of sentence awarded by learned Addl.Sessions Judge, Surendranagar in Sessions Case No.37 of 2009 to the respondent " accused.

(2.) THE learned Addl.Sessions Judge, Surendranagar vide judgment and order dated 5.7.2010, rendered in Sessions Case No.37 of 2009, recorded conviction of the respondent " original accused No.1 of the offences punishable under Sections 302 and 201 r/w.Section 34 of the IPC. THE respondent " original accused No.1 was ordered to undergo RI for life and fine of Rs.10000/- for the offence punishable under Section 302 of the IPC and RI for three years and fine of Rs.5000/- for the offence punishable under Section 201 of the IPC. Learned APP for the appellant submitted that considering the facts and circumstances of the case and the evidence on record, the trial Court should have awarded capital punishment to the respondent " accused for the offence. He submitted that it is true that considering the evidence on record, in the incident, respondent " accused killed deceased Hemubhai and then threw the dead-body of the deceased in a well, so as to destroy the evidence, but it is submitted that the fact that after killing the deceased, the respondent " accused threw the dead-body of the deceased in a well, and thereby attempted to destroy the evidence, would turn this case within the category of rarest in rare case. THErefore, it is submitted that the appeal deserves admission.