CHAUDHARI SAVJIBHAI KACHARABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant-ori. Accused no. 1 has preferred Criminal Appeal No. 951/2007, the appellants- ori. Accused no. 3 & 4 have preferred Criminal Appeal No. 31/2008, and the appellant ­ ori. Accused no. 2 has Criminal Appeal No. 1109/2012 under sec. 374(2) of Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.4.2007 passed by the learned Presiding Officer & Addl. Sessions Judge, Mehsana in Sessions Case No. 134/2006, whereby, the learned trial Judge has convicted all the appellants- ori. Accused under section 302, 120(B) read with sec. 34 of IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 10,000/-each, in default, to undergo further R/I for one years, which is impugned in this appeal.

(2.) THE case of the prosecution is that the accused no. 1 and 2 having illicit relation. Just to remove Chaudhary karsanbhai Godadbhai husband of accused no. 2, from their way, in connivance of accused no. 3 and 4, on 21.5.2006 or before about 2 days, they threw deceased Chaudhary Karsanbhai Godadbhai in Narmada Canal and committed the murder of deceased Chaudhary Karsanbhai Godadbhai. Thereafter the complaint was filed.

(3.) AFTER considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 23.4.2007 held the present appellants- original accused guilty of the charge levelled against him under sec. 302, 120(B) and 34 of IPC, convicted and sentenced the appellants-accused, as stated above.