PANKAJBHAI SOMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal challenges judgment and order rendered by Sessions Court, Gandhinagar in Sessions Case No.51 of 2005 on 31/03/2006 whereunder both the appellants, who were original accused before the trial Court, came to be convicted for the offence of murder punishable under Section 302 r/w Section 34 of the Indian Penal Code and were sentenced to undergo RI for life with a fine of Rs.20,000/ -, in default, to undergo further SI for two years. The appellants were also convicted for offence punishable under Section 201 r/w Section 34 of the Indian Penal Code and were sentenced to undergo RI for two years with a fine of Rs.2,000/ -, in default, to undergo SI for three months. The convicts were given benefit of set off and the sentences were ordered to run concurrently. Hence, this appeal.

(2.) Brief facts of the prosecution case are that A -1 - Pankajbhai and A -2 Kanabhai Dahyabhai Parmar were staying in adjoining rooms. The room occupied by A -2 was also shared by witnesses - Raman and Girvat. One Kadvo @ Rajesh Soni was also staying in adjoining room. The rooms were located at first floor of a house owned by one Nareshbhai and the aforesaid persons were staying on rental basis. It is the case of the prosecution that victim - Rajesh was done to death by the accused persons suspecting that Rajesh had determined to administer poison to them by mixing it in the food which Rajesh - the deceased was to prepare. The case of the prosecution further is that the incident was not seen by any one, but both the accused persons after causing death of Rajesh went to the room occupied by A -2 and when witnesses - Raman and Girvat came there, they made an extra judicial confession before them giving minute details of the occurrence. Thereafter, they all went to their respective rooms. The accused persons in fact went to the room of the victim where they had concealed the dead body in a cupboard after wrapping it in a mattress. They, then, put the dead body in a gunny bag and put that gunny bag at the bus -stand of Kalol Town and cleaned the blood spots in the room as per evidence of these witnesses. Thereafter, witnesses - Raman and Girvat, so also, the accused persons, are alleged to have left Kalol and gone to the respective places. On the other hand, the dead body was found at Kalol bus -stand by the Police.

(3.) The trial Court after examining the witnesses led by the prosecution came to a conclusion that the prosecution was successful in proving the charges punishable under Sections 302 and 201 both r/w Section 34 of the IPC against both the accused and convicted them for the said offences and sentenced as stated herein above; whereas, acquitted them of the charge of offence punishable under Section 135 of the Bombay Police Act. The convicts, therefore, preferred this appeal.