KRISHNA GENDALAL SOMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of judgement and order rendered by Additional Sessions Judge, Fast Track Court No,1, Vadodara, on 21.10.2003 in Sessions Case No.197 of 1997. The appellant was accused no.1 along with accused no. 2, 3 and 4, namely, Govind Gendalal Somani, Ramesh Narayan Pawar and Jayantibhai Ramanbhai Patel before the trial court and faced charges of murder of Rambhai Harjivandas Patel and Ramjibhai Tribhovanbhai Patel. The trial court, however, acquitted accused no. 2, 3 and 4, namely, Govind Gendalal Somani, Ramesh Narayan Pawar and Jayantibhai Ramanbhai Patel Patel, while convicted the appellant for the murder of said two persons, and hence this appeal by original accused no.1. The appellant is sentenced to imprisonment of life with a fine of Rupees Fifty Thousand, in default, to undergo rigorous imprisonment for three months.

(2.) THE prosecution case in brief is that deceased Rambhai Harjivandas Patel had lend Rs. 2 crores to the present accused-appellant, which accused- appellant did not want to repay, and therefore, on 12.05.1997, the accused- appellant called Rambhai Harjivandas Patel and Rambhai Tribhovanbhai Patel from Ahmedabad to Vadodara, and committed their murder in the premises of Advance Bio-coal India Limited, situated at Savli-Vadodara road at village Lasundra, and thereafter, with a view to escape from the liability, put the dead bodies in Peugeot car bearing No. GJ-1-HH-7610, and abandoned the said car at Parthampura-Gadiapara road, after attempting to set the vehicle on fire by pouring petrol over it, and thereby tried to cause disappearance of evidence.

(3.) LEARNED advocate for the appellant Ms. Shah submitted that the prosecution has failed to establish the motive; there is nothing on record except bare words of wife of the deceased Rambhai Harjivandas Patel that the accused-appellant owed Rs. 2 crores to deceased Rambhai Harjivandas Patel. She submitted that Rambhai Harjivandas Patel as well as the other deceased Ramjibhai Tribhovanbhai Patel were partners in a firm running angadia business, and their annual turnover was about Rs.3 lakhs. There is no evidence to show that accused-appellant had transactions with them, and there is no material to indicate the source of Rs. 2 crores of Rambhai Harjivandas Patel, who was alleged to have lend Rs.,2 crores to accused- appellant. She submitted that, therefore, the motive of non-repayment of Rs. 2 crores attributed to accused-appellant is not proved, which snaps an important link in the circumstances of the prosecution case. Ms. Shah then submitted that there is no evidence except oral say of Laxmiben, wife of Rambhai Harjivandas Patel, that it was accused-appellant no.1, who had telephonically called the deceased, and that was on the basis of voice recognised on telephone, which can hardly be given any authenticity.