NANJIBHAI DALABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the original accused challenging the judgment dated 28th March 2008 passed by the learned Additional Sessions Judge, Panchmahal at Godhra in Sessions Case No.188 of 2007. The appellants were the original accused. They were, by the impugned judgment, convicted for the offences punishable under Sections 302 read with Section 120B of the Indian Penal Code and sentenced to undergo life imprisonment.

(2.) BRIEFLY stated, the prosecution case, is as under:

(3.) CHARGE was framed at Exh.1 in which it was alleged that the second wife of accused No.1 did not like the children of the previous wife. Both the accused, therefore, about 20 days prior to 20th June 2007, conspired and killed two boys in their house and thereafter dug a pit in the house itself where they were buried. They were thus charged with the offences punishable under Section 302 read with Section 120B and Sections 201, 177 read with Section 34 of the Indian Penal Code.