SADHNABEN RAJESHBHAI GAVIT 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 13.3.2007 passed by the learned Addl. Sessions Judge & Presiding Officer, 2nd Fast Track Court, Valsad in Sessions Case No. 37/2006, whereby, the learned trial Judge has convicted the appellants under sec. 302 read with sec. 114 of IPC and sentenced them to undergo R/I for life and to pay a fine of Rs. 200/-each, in default, to undergo further imprisonment for fifteen days, which is impugned in this appeal.

(2.) THE case of the prosecution is that the accused no. 1 and 2 were in love with each other. On 29.2.2006, the deceased was administered the poison with ice-cream by the accused persons, and thereafter, poured diesel on Rajesh and set him ablaze. Thereafter the complaint was filed.

(3.) AFTER considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 13.3.2007 held the present appellant- original accused guilty of the charge levelled against him under sec. 302 and 114 of IPC, convicted and sentenced the appellants-accused, as stated above.