RAVIBHAI BHUPATBHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellants have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 25.6.2010 passed by the learned Addl. Sessions Judge, Fast Track Court No. 2, Bhavnagar in Sessions Case No. 212/2009, whereby, the learned trial Judge has convicted the appellants under sec. 302 read with sec. 34 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each, in default, to undergo further R/I for one year, which is impugned in this appeal.

(2.) 1 The case of the prosecution is that on 20.9.2009, the appellants have formed unlawful assembly with common object and intention, entered the house of deceased Soniben and caused serious injuries on her chest with sharp edged weapons and committed her murder and also looted ornaments worth Rs. 85,558/-. The deceased has succumbed to the injuries, and therefore, the complaint was filed.

(3.) 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.