SURESH AMRATBHAI SENDHABHAI NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the same judgement of the learned Additional Sessions Judge, Ahmedabad(Rural) in Sessions Case No.80/2006. The appellant of Criminal Appeal No.1416/2010 is the original accused no.1. Appellant of Criminal Appeal No.1592/2011 is the original accused no.2 and appellant of Criminal Appeal No.938/2010 is the original accused no.3. Accused no. l and 2 were convicted for offences punishable under sections 302, 392 read with section 34 of the Indian Penal Code. For offence under section 302 of IPC, they were sentenced to imprisonment for life and for offence under section 392 of the IPC, they were sentenced to rigorous imprisonment for five years. Fines were also imposed. Substantive sentences were ordered to run concurrently. Accused no.3 was convicted for offence under section 411 of the IPC and sentenced to simple imprisonment for two years and directed to pay fine of Rs.1000/ -.

(2.) BRIEFLY stated the prosecution version was that one Pinakin Rameshbhai Patel, the first informant, lived in the Satellite area of city of Ahmedabad with his newly married wife and mother. On the afternoon of 16.2.2006, accused no.1 and 2 entered the house when the mother of the complainant was alone. They attacked her with a knife. The accused covered her face with a pillow and repeatedly gave knife blows on various parts of the body, causing her death. They thereafter, opened the cupboards in the bedroom and took away gold and silver ornaments of the family and also cash of Rs.40,000/ -which was kept there. The accused then left in the Maruti WagonR car of the complainant. The complainant returned home in the evening after finishing his work and noticed that something untoward had happened. He informed the police who arrived on the spot.

(3.) CHARGE was framed at exh.32 in which it was alleged that on 16.2.2006, during the day time accused no.1 and 2 came to the house of the complainant when his mother Madhuben was alone. The accused covered her face with a pillow and both one after another gave multiple knife blows on her body causing her death. They had thus committed offence under section 302 of the IPC read with section 34 of the IPC. Both the accused also took away ornaments valued approximately at Rs.4 lakhs along with cash amount of Rs.40,000/ -lying in the house. They also took away the WagonR car of the complainant and thus committed offence punishable under section 392 read with section 34 of the IPC. Accused no.3 fully aware that the articles have been stolen by the accused, received such stolen articles, thereby committed offence under section 411 of the IPC.