BHUPATBHAI LIMJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeals arise out of the judgment and order rendered by the Sessions Court, Vadodara in Sessions Case No. 235 of 2004 on 28th December, 2005. The appellant Khodabhai Vechanbhai Vasava in Criminal Appeal NO.121 of 2006 was accused No.1 before the Sessions Court and appellant Bhupatbhai Limjibhai Vasava in Criminal Appeal No.120 of 2006 was accused No.2 before the Sessions Court. They both came to be convicted by the trial Court for the offence of murder of Dineshbhai Ramanbhai Bhatt allegedly committed by them on 14th June 2004 between 1430 hrs. and 1830 hrs. in the outskirts of village Moti Koral punishable under Sections 302 read with Section 114 of IPC and were sentenced to Rigorous Imprisonment for life with a fine of Rs.1,000/ - in default to undergo Simple Imprisonment for six days.

(2.) THE prosecution case in brief is that the deceased Dineshbhai Ramanbhai Bhatt was staying at Village Moti Koral and was employed by Maganbhai Vasava for collection of money from the agriculturist of the area for protecting the fields. In the recent past of the day of incident, Maganbhai engaged the present appellants in place of Dineshbhai and Dineshbhai was rendered unemployed. On day of incident, it is alleged that both the appellants went to the house of Dineshbhai on a mare and upon their asking Dineshbhai left with them. Dineshbhai's son Kinjal, however, suspected a foul play and therefore he followed them. He saw A1 beating Dineshbhai with a wooden stick while travelling on a mare itself, in the outskirts of village Moti Koral, at that time, he was asked by Dineshbhai to go home and therefore Kinjalbhai returned. He tried to contact Yogeshbhai but he was not available therefore he went to Munnabhai who was also not available and therefore Kinjal went home. In the late evening, news were received that Dineshbhai was found lying dead near the bus stand of Village Ojh. An FIR was lodged by Kinjal with Karjan Police Station. Offence was registered and investigated. The Investigating Agency having found sufficient evidence against the two appellants filed charge -sheet against them in the Court of JMFC, Karjan who in turn committed the case to the Court of Sessions and Sessions Case No.235 of 2004 came to be registered.

(3.) LEARNED advocate Mr. Barot appears for the appellants in both the appeals whereas respondent State is represented by learned APP Mr. K. L. Pandya in both the appeals.