MAVJIBHAI DHARAMSHIBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No.111 of 2006 is preferred by original accused No.2 ­ Mavjibhai Dharamshibhai Thakor, who has been inter alia sentenced to rigorous imprisonment for two years with fine of Rs.500/ in default, to undergo RI for one month, having been found guilty for the offence punishable under Sections 201 and 34 of the Indian Penal Code (for short IPC). Whereas, Criminal Appeal No.479 of 2006 is preferred by original accused No.1 ­ Arjanbhai Mavjibhai Thakor, who has been inter alia sentenced to life imprisonment having been found guilty of the offence punishable under Sections 302, 498A and 201 read with Section 34 of the IPC. The common impugned judgment and order of conviction and sentence was rendered by the learned Additional Sessions Judge, 5th Fast Track Court, Deesa in Sessions Case No.156 of 2004 on 30/11/2005. Aggrieved, both the appellants are before this Court.

(2.) AT the outset, we may note that we are confronted with a matter where father (org. accused No.1 for short A1) of deceased, aged only three years, is alleged to have brutally killed her for no fault of her and the grandfather of deceased (org. accused No.2 for short A2) is alleged to have helped his son to destroy the evidence by accompanying the son to bury the injured body of the victim without even bothering to call for the doctor and ensure as to whether she was alive when sought to be buried.

(3.) AFTER following due procedure, on the basis of the above complaint, the appellants were tried and ultimately found guilty as above.