ANOPSINH KALUBHA RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 28th June, 2007, passed by the learned Additional Session Judge, Limbdi, in Sessions Case No. 62 of 2005, finding the appellant No.1 ­ original accused No.1, Anopsinh Kalubha Rana and the original accused No.2, Mahipalsinh Anopsinh Rana, guilty of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, (For Short 'IPC') and sentenced each one of them to life imprisonment and fine of Rs.5,000/ - each and in default additional sentence of rigorous imprisonment for one year, on each of the said accused. As also finding original accused No.1, Anopsinh Kalubha Rana, guilty under Section 25(1)(b)(a) and 27(1) of the Arms Act and sentenced him to rigorous imprisonment for one year and additionally a fine of Rs.500/ - and in default further rigorous imprisonment for a period of three months.

(2.) THE appellants are before this Court in appeal against the said judgment and order on various grounds.

(3.) THE reason for the incident, as canvassed by the complainant was that in the year 1983, one Kalubha Abhesinh Rana was murdered and complainant as well as his brother Ashoksinh and one Kiritsinh Hanubha Rana were accused in that case. Ultimately, they were sentenced to life imprisonment, but, the High Court acquitted all of them in the year 1990, and therefore, the accused had a grudge and to take revenge, all the four persons, in connivance with each other, eliminated Vijubha by firing and causing injuries, as aforesaid.