DAYABEN RAMESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -ori. Accused No. 1 has preferred Criminal Appeal No. 14/2003 and appellant - original accused no. 2 has preferred Criminal Appeal No. 15/2003 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 2.12.2002 passed by the learned Addl. Sessions Judge, Fast Track Court, Amreli in Sessions Case No. 28/2002 whereby, the learned trial Judge has convicted the appellants original accused no. 1 and 2 under section 302 read with section 120B of IPC and sentenced them to undergo life imprisonment. The appellant original accused no. 1 is also convicted under section 135 of the Bombay Police Act and sentenced to undergo S/I for one month, which is impugned in these appeal. Since both the appeals arise out of same judgment and order, they are heard together and disposed of by this common judgment. The case of the prosecution is that on 19.9.2001, on the basis of Police Station accidental death entry No. 29/2001, the P.S.I. of Dhari Police Station had investigated the case and thereafter filed the FIR. The earlier entry was given by PW -4 Dadubhai Virabhai Solanki belonging to village known as Zar, that on 17.9.2001 at about 1.30pm, minor Dilip was not found and his dead -body was found. On the basis of the inquest panchnama and the report of the Zoo Superintendent, prima -facie aspect had come on record that the child was not bitten by any wild animal but was done to death by causing injuries which were found in the inquest panchnama and postmortem report. In light of this, the Police started its investigation and that is how the said subsequent information was recorded. On further investigation, it is found that accused no. 1 has committed the murder of minor Dilip by inflicting knife blows because accused no. 2 has told her to commit murder of one member from her parental side and the knife was also recovered at the behest of accused no. 1, and therefore, the aforesaid complaint was lodged.

(2.) THEREAFTER , after examining the witnesses, further statement of the appellants -accused under sec. 313 of CrPC was recorded in which the appellants -accused have denied the case of the prosecution.

(3.) AFTER considering the oral as well as documentary evidence and after hearing the learned advocates for the parties, the learned trial Judge vide impugned judgment and order dated 2.12.2002 held the present appellants -original accused guilty of the charge levelled against them under sec. 302 read with sec. 120B of IPC, convicted and sentenced the appellants -accused, as stated above.