MANHARBHAI HAMIRBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of these appeals, the appellants have challenged the common judgment and order of conviction and sentence dated 31.08.2009 passed by the learned 3rd Additional Sessions Judge, Panchmahal at Godhra, in Sessions Case No.139/2008, whereby, the appellants herein, original accused, have been convicted for the offence punishable under Sections 302 and under Sections 201 and 114 of the Indian Penal Code for short the IPC. For conviction under Section 302 of the IPC, the appellants have been sentenced to undergo life imprisonment and fine of Rs.1,000/each, in default of payment of fine, the appellants shall undergo further rigorous imprisonment for one month. No separate sentences have been imposed by the trial Court for the offence punishable under Sections 201 and 114 of the IPC and the appellants were given the benefit of set off.

(2.) A complaint was filed by one Madhavsinh Bhavsinh, who is the brother of the deceased on 06.05.2008, inter alia alleging that on the date of incident, at about 5:00 am., while he was sleeping, his nephew namely Rajesh, came and told that his father was killed and hanged with rope by her mother and one Manharbhai. Therefore, the complainant immediately rushed to the place of offence and saw that his brother was dead and hanged with rope. Thereafter, he went to the police station along with his elder brother namely Vakhatsinh and lodged a complaint against the accused persons. In the complaint, the complainant stated that the reason behind the murder of the deceased is that the accused No.1 had illicit relationship with the accused No.2 i.e. the wife of the deceased.

(3.) THE fact that deceasedGanpatsinh Bhalsinh Parmar died a homicidal death stands amply proved by the testimony of PW5Dr. Paras Ram Patel, who has been examined vide Exhibit23. According to him, he had conducted the autopsy on the dead body of Ganpatsinh Bhalsinh Parmar. This witness has categorically stated that cause of death of Ganpatsinh Bhalsinh Parmar was due to Asphyxia on account of strangulation. In column No.17 of the post mortem note, the injuries described as under: