SOMABHAI CHHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellantoriginal accused having been sentenced to life imprisonment amongst other sentences upon being found guilty for the offence punishable u/s. 302 of the Indian Penal Code (for short "IPC") by second Fast Track Court, Amreli Camp, by its judgment and order dated 29th October, 2005, in Sessions case No.111 of 2004, has invoked Section 374 of the Criminal Procedure Code, 1973.

(2.) THE case of the prosecution was that one Becharbhai Gababhai, the brother of the complainant, P.W.1, had expired few years back and was survived by his wife Sabitaben, six children, namely Jayaben Becharbhai, aged 11 years, Lilaben Becharbhai aged 9 years, Vashvambhai Becharbhai, aged 7 years, Gitaben aged 5 years, Dhaniben aged 1 1/2 years and Somiben, aged

(3.) IT appears that the cash/Indira Vikash Patra and immovable property and the other amount received from the employer of deceasedBecharbhai was sought to be put at the disposal of Nanabhai as he was already maintaining few children of Becharbhai. On the fateful day, a settlement was contemplated to be recorded in the above proceedings and for that purpose the deceasedMotiben, her relatives and other family friends etc. were required by their learned advocate Mr. R.M. Bariya, P.W.2 at his office. It is deposed by P.W.2 that the parties came to his office around 12 P.m., and owing to his preoccupation with other clients, requested them to wait for some time. However, the appellant and the deceased desired to come back after having some food and thus they left the office of P.W.2, but never returned. As the deceased did not reach her home, P.W.1 inquired about her with P.W.2. She also sent one Himmatbhai, P.W.3 to Jafarabad where appellant resided for such inquiry but failed to trace Motiben.