(1.) THESE three appeals are directed against selfsame judgment of learned Additional Sessions Judge, Fast Track Court No.5, Nadiad and therefore, they are being disposed by this common judgment. The appellant of Criminal Appeal No.482 of 2009 Udesinh @ Shetansinh Ramratansinh Parmar was accused No.3, appellant of Criminal Appeal No.1033 of 2009 Hiraben Rupabhai Jadav was accused No.1, while appellant of Criminal Appeal No.1112 of 2009 Parbatsinh Shivnathsinh Siddhusinh Tomar was accused No.2 before the learned trial Judge in Sessions Case No.62 of 2007.
(2.) THE appellants were put to trial for the offences punishable under Section 302 read with Section 114 and Section 201 read with Section 114 and Section 120B of the I.P. Code. They came to be convicted for these offences under Section 235(2) of the Code of Criminal Procedure and are directed to suffer imprisonment as under: -
(3.) THE short matrix of the prosecution case as emerging from the evidence led before the lower Court is that the appellant No.1, Hiraben Rupabhai Jadav, who is widow of the deceased, was having illicit relations with appellant No.2, Parbatsinh Shivnathsinh Siddhusinh Tomar. As a result of this illicit relation, with a view to done away with deceased Rupabhai Amrabhai Jadav, the appellants, had on 18.01.2007 in the evening hours, in furtherance of the conspiracy hatched by them, appellant No.1 gave poison in the liquor to the deceased and appellant No.2 and other appellant, who has passed away, committed offences punishable under Section 302 read with Section 114 of I.P. Code. With a view to conceal the commission of the offence, appellant No.2 and deceased accused disposed of the dead body of the deceased and thereby destroyed the evidence and committed offence punishable under Section 201 read with Section 114 of the I.P. Code. A complaint in respect of this incident came to be lodged by Shanabhai Vaghjibhai Solanki (PW No.1), former Sarpanch of village Kamala, Tal. Nadiad, Dist. Kheda, with Nadiad Rural Police Station. In pursuance of this complaint, FIR vide Nadiad Rural Police Station I -CR No.9 of 2007 came to be registered.