JAYANTIBHAI RAMANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -ori. Accused no. 1 has preferred Criminal Appeal No. 1450/2008 and appellant -original accused no. 2 has preferred Criminal Appeal No. 1486/2008 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 19.4.2008 passed by the learned Main Sessions Judge, Bharuch in Sessions Case No. 123/2007, whereby, the learned trial Judge has convicted the present appellants - ori. Accused no. 1 & 2 under sec. 302 read with sec. 114 of IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default, to undergo further S/I for one year.

(2.) 1 According to the prosecution case, both the accused were in love with each other and the husband of accused no. 2 did not like this relation, and was of and on, scolding her and was not happy with this illicit relation as they were in relation to the accused no. 1. So as to give finality to their common intention of doing away with the deceased, on 23.9.2007, at about 1:00 in the night, both the accused got a nylon thread and strangulated the deceased -husband of accused no. 2 and committed his murder. Therefore, the complaint was filed.

(3.) THEREAFTER , after examining the witnesses, further statement of the appellants -accused under sec. 313 of CrPC was recorded in which the appellants -accused have denied the case of the prosecution.