RANIBEN JIVABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order rendered by learned Additional Sessions Judge,

(2.) ND Fast Track Court, GandhidhamKachchh, in Sessions Case No.57 of 2003 on 14.09.2004. The appellant in Criminal Appeal No.505 of 2006 Raniben Jivabhai Solanki was accused No.2 before the Trial Court and the appellant in Criminal Appeal No.2540 of 2008, Mahesh @ Lakhu Jivabhai Solanki, was accused No.1 before the Trial Court. Both of them were tried for offences punishable under Sections 120B, 302 and 34 of Indian Penal Code. The Trial Court by the impugned judgment convicted both of them under Section 302 read with Section 34 of Indian Penal Code and sentenced them to imprisonment for life without any fine. Hence, these appeals. 2. Since these two appeals arise out of the same judgment and order, they are heard together and are disposed of by this common judgment.

(3.) AS per the prosecution case, the incident occurred on 01.08.2003 between 2:30 to 3:30 hours in the house of the deceased at village:Thoriyali of Rapar Taluka, District Kachchh. It is the case of the prosecution that deceased Jivabhai Halabhai Solanki was father of accused No.1 and husband of accused No.2. Accused No.1 and the deceased were not on good terms and therefore, at the relevant time, accused No.1, when the deceased was sleeping in the house, gaged the mouth of the deceased, mounted over him and accused No.2 gave a knife blow on the neck of the deceased, as a result of which, the deceased bled profusely to death. As per the prosecution case, Pravinyounger brother of accused No.1 was sleeping in the 'Osari' of the house of Meghjibhai. He noticed accused No.1 going towards the house and therefore, followed him and saw the incident. After seeing the incident, he went back to the 'Osari' of Meghjibhai and went to sleep. Next morning, police was informed. Police recorded FIR. Offense was registered and investigated and ultimately, chargesheet was filed in the Court of Judicial Magistrate First Class, Rapar, who, in turn, committed the case to the Court of Sessions and Sessions Case No.57 of 2003 came to be registered.