PRAGNESH @ PAKO HARSHADBHAI DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 2875/2008 is preferred by appellant- ori. Accused no. 2, Criminal Appeal No. 2876/2008 is preferred by appellant- ori. Accused no. 3 and Criminal Appeal No. 2687/2008 is preferred by appellant-ori. Accused no. 1 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 8.9.2008 passed by the learned Addl. City Sessions Judge, Court No. 4, in Sessions Case No. 53/2008, whereby, the learned trial Judge has convicted the present appellants Ori. Accused no. 1, 2 & 3 under sec. 302 read with section 34 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 20,000/-each, in default, to undergo further S/I for one year. The appellants-ori. Accused no. 1 and 2 are directed to pay the compensation of Rs. 2,50,000/-each, to the wife and children of the deceased Rakeshbhai Budhalal Modi till the period of 30 days from the date of judgment and order and the amount of fine paid by accused no. 3 is ordered to be given to the wife and children of the deceased, which is impugned in these appeals.

(2.) 1 The brief facts of the prosecution case is thatthe accused no.1 Devang Shaileshbhai Sheth and deceased Rakesh B. Modi both were dealing with the professional business of the stamp vendor having their establishment at Gheekanta. The accused no.1 Devang Shaileshbhai Seth was having outstanding amount of Rs.4,50,000/- to be paid by deceased Rakesh B. Modi. It is the case of the prosecution that the deceased Rakesh B. Modi was inclined to pay the outstanding amount of Rs.4,50,000/- to accused no.1. In order to get money refund and in alternative in order to eliminate the deceased Rakesh B. Modi, the accused no.1 Devang Shaileshbhai Sheth, accused no.2 Pragnesh alias Pako Harshadbhai Darji, accused no.3 Anil alias Anno Lalabhai Purabia and Bharat alias Kalu Anandbhai Marathi entered into criminal conspiracy and in furtherance of their criminal conspiracy accused no.1 Devang Shaileshbhai Seth and accused no.2 Pragnesh alias Pako Harshadbhai Darji had been to the house of deceased Rakesh B. Modi at opposite Hargovind's Pole, Gheekanta, Ahmedabad. The accused no.1 Devang Shaileshbhai Sheth and accused no.2 Pragnesh alias Pako harshadbhai Darji both were occupying and having a new Maruti car of Swift model went to the house of deceased Rakesh B. Modi. The deceased Rakesh B. Modi was present in his house along with his family members namely Ashitaben, Avniben Modi, and Sumanben Modi. It is further case of the prosecution that the accused no.1 Devang Shaileshbhai Sheth and accused no.2 Pragnesh alias Pako Harshadbhai Darji called upon the deceased Rakesh Modi. They had talked for a short while and all the three i.e. accused no.1, accused no.2 and deceased Rakesh Modi had left in Maruti car swift model under the pretext that they were going to satisfy the amount of Rs.40,000/- to Girish Patel, stamp vendor.

(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.