PRAFULBHAI VIRCHANDBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present criminal appeals preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Cr.P.C ." for short) are directed against the judgment of conviction and order of sentence dtd. 12/5/2015 passed by 6th Additional Sessions Judge, Surat in Session Case No.2 of 2010, wherein and whereby, the appellants i.e. the accused No.1 and accused No.2 are convicted for the offences punishable under Ss. 302 and, 120(B) of the Indian Penal Code, 1860 (hereinafter referred as "the IPC ", for short) and sentenced for rigorous imprisonment for life and a fine of Rs.15,000.00 each and in default of payment of fine, simple imprisonment for one year is imposed. In addition to the aforesaid sentence, the accused No.1 is convicted for the offence under Sec. 452 of the IPC and sentenced to undergo one year rigorous imprisonment and a fine of Rs.2,000.00 and in default of payment of fine, simple imprisonment of one month is imposed. The accused No.1 is also convicted for the offence punishable under Sec. 25(1) - B of the Arms Act, 1959 and sentenced him to undergo three years rigorous imprisonment and a fine of Rs.2,000.00 and in default of the payment of fine, simple imprisonment of one month is imposed. All the aforesaid sentences are ordered to be served concurrently.

(2.) The case of the prosecution in short as per charge (Exh.7) and the complaint (Exh.77) registered by father of the deceased (the complainant - PW-13) is that the accused No.2 - Prafulbhai Virchandbhai Shah and the complainant (PW-13) - Bipinchandra Maganlal Shah were the partners in a firm viz., Chetan Cars Private Limited, which was dealing in the business of four wheeler accessories. As per the case of the prosecution, the dispute arose between the partners and hence, the firm was dissolved on 1/9/2004 and it was mutually agreed at that time that the accused No.2 shall pay to the complainant (PW-13), an amount of Rs.12,00,000.00 and Rs.2,00,000.00 against the delayed payment and hence, the appellant - accused No.2 was to pay Rs.14,00,000.00 to the complainant (PW-13), out of which, the appellant - accused No.2 paid Rs.6,00,000.00 in installments as agreed.

(3.) It is further alleged that the accused No.2 since did not want to pay the remaining amount, despite the repeated demands, hence, he had engaged the accused No.1 - Farukh Hussain Habibbhai Shaikh and entrusted him the task of killing the deceased - Gautambhai Shah, who was son of the complainant (PW-13) and accordingly, they hatched a conspiracy and the accused No.1 - Farukh Hussain Habibbhai Shaikh killed the deceased by shooting him on 18/10/2009 at 10:00 a.m., while the deceased was in his shop viz., Chetan Motors, which was situated at Sagrampura, Kailashnagar, White House, Surat. It is further alleged that the accused No.1, while firing on the deceased uttered the words, "why are you extorting (ughrani) money from my employer (sheth) Prafulbhai?"