(1.) THESE appeals arise out of a common judgement of the Sessions Court dated 31.7.2010 in Sessions Case No.25/2009. The accused was charged with offence of committing double murder. He was convicted for such offence and sentenced to life imprisonment by the learned Additional Sessions Judge, Amreli. The convict has thereupon preferred Criminal Appeal No.1673/2010. State has preferred Criminal Appeal No.1677/2010 pressing for capital punishment.
(2.) BRIEFLY stated the prosecution case was as follows :
(3.) DINESH Bhalabhai Solanki, PW1, exh.11, the first informant deposed that on the date of the incident in the morning at 9:30, he was returning after bringing milk from dairy. When he entered the front of his house, he saw that the accused was repeatedly giving axe blows to his wife. At that time wife had fell down near the fence in front of the house and the accused was giving axe blows. He then ran after his mother who fell down. He gave axe blows to the mother at which time his brother Mukesh and his wife came out. Since people gathered and he started shouting the accused ran away. The injured were taken to a hospital where they were declared dead.