BHAVANJI KUVARJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant -original accused no.2 has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.4.2007 passed by the learned Addl. Sessions Judge, Fast Track Court no. 2, Deesa in Sessions Case No. 32/2007, whereby, the learned trial Judge has convicted both the accused under sec. 302 read with sec. 34 of IPC and sentenced to undergo R/I for life and to pay a fine of Rs. 3000/ -, in default, to undergo further S/I for three months. The accused are further convicted for the offence punishable under sec. 120(B) of IPC and sentenced to undergo R/I for ten years and to pay a fine of Rs. 1000/ -, in default, to undergo S/I for one month. The accused are also convicted for the offence under sec. 364 read with sec. 34 of IPC and sentenced to undergo R/I for five years and to pay a fine of Rs. 1000/ - in default, to undergo further S/I for fifteen days. It is conveyed to the Court that the original accused no. 1 has also preferred appeal, however, the same was abated as he has passed away. Hence, the present appellant ­ original accused no. 2 has challenged the said impugned judgment and order in this appeal.

(2.) THE brief facts of the prosecution case as per the complainant is that on 10.11.2006, at about 10.00 a.m., in the morning, the complainant came to know that a Jeet had met with an accident on the road leading to the sim of Ratanpur. Therefore, complainant, Joitaram Ramsangbhai Pandya , Thakor Popatji Ganeshji and the brother of complainant Laxmanbhai, came to the spot and they found the complainant's brother -in -law (sister's husband) lying dead in the Jeep. There were injuries on his eyes and mouth and blood stains were found on the face. The complainant found that it is not a case of accident, but it is a case of murder and they also found blood stain on the back side of the jeep bearing registration No. GJ -8 -A -8169. At that time his sister was at village Sudrosan. Therefore, the complainant went to Sudrosan village and asked about his brother -in -law from his sister. She told him that he (deceased) had gone to Thara along with one Bhavanji Kunvarji Thakor residing at Asaldi village along with Ganpatji Thakor, residing at Sudrosan village with two other persons and up till now he had not returned. Then the complainant informed his sister that he is lying dead in the Jeep of Bhavanji and accused have beaten him on head and face. Therefore, complaint came to be filed.

(3.) THE learned advocate Ms. Sagar for the present appellant has contended that the trial court has committed an error in passing the impugned judgment and order, inasmuch as it failed to appreciate the material on record in its proper perspective, and hence, the present appellant to be given the benefit of doubt and be acquitted.