RAMESH BHAI ATMARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In Sessions Case No.130 of 2000 before City Sessions Court, Ahmedabad, eight persons were arraigned as accused who have been charged with offence punishable under Sections 143, 148, 302 r/w 149, 326 r/w 149, 324 r/w 149 of the Indian Penal Code and under Section 135 of the Bombay Police Act. The trial Court after recording the evidence acquitted A-3-Amit Ramesh Vaghela, A-5-Champaben w/o., Fatehsinh Solanki, A-7-Sumanben @ Sumitraben Jayantibhai Vaghela and A-8-Rekhaben Rameshbhai Vaghela. One of the suspects, Natvar Atmaram was absconding at the time of trial. The trial Court convicted A-1-Ramesh Atmaram Vaghela and A-2-Jayantibhai Atmaram Vaghela for offence of murder punishable under Section 302 r/w 34 of the IPC. Whereas, A-4 has been convicted for offence punishable under Section 326 of IPC and sentenced to undergo two years and six months SI and to pay a fine of Rs.5,000/- in default to undergo one month SI. Therefore, A-1 and A-2 preferred Criminal Appeal No.176 of 2007, where A-1 Ramesh Atmaram Vaghela has expired during pendency of appeal and his appeal stands abated. A-4-Popatbhai Ratilal preferred Criminal Appeal No.2322 of 2006 against his conviction.

(2.) The State has preferred Criminal Appeal No.1458 of 2007 against acquittal of A-3, A-5, A-7 and A-8 for offence punishable under Section 302 of the IPC and this Court, therefore, will have to examine whether their acquittal is justified or not.

(3.) We have heard learned Advocate Mr.Gondalia for the convict appellants in Criminal Appeal No.176 of 2007 and Criminal Appeal No.2322 of 2006, so also, learned APP appearing for respondent in the said Appeals and for the appellant in Criminal Appeal No.1458 of 2007.