SAJIDBEG ASIFBEG MIRZA Vs. STATE OF GUJART

JUDGEMENT

(1.) THIS appeal by the appellantoriginal accused is directed against the judgment and order of conviction and sentence dated 20/03/2009 delivered by the learned Sessions Judge, Surat, in Sessions Case No. 212 of 2000 whereby the appellant original accused was convicted and sentenced to undergo imprisonment for life with fine of Rs.15,000/, in default, to undergo further period of three years of rigorous imprisonment for the offence punishable under Section 302 of Indian Penal Code; 5 years with fine of Rs.3000/, in default, to undergo further rigorous imprisonment for one year for the offence punishable under Section 364 of Indian Penal Code and 2 years with fine of Rs.2000/, in default, to undergo further six months of rigorous imprisonment for the offence punishable under Section 201 of Indian Penal Code (for brevity, "IPC"). All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution in brief is that on 03/6/2000, the appellant and deceased Jignesh being coemployees of M/s. Shradha Construction Company went to Navsari for withdrawing Rs.1.53 lakhs from the bank and both of them returned to Surat. Some time thereafter, dead body of Jignesh was found from the terrace of Arafakhan building. Thereafter, further inquiries with the appellant revealed that Jignesh was kidnapped by the appellant for Rs.1.53 lakhs. A complaint was therefore filed before the Salabatpura Police Station initially for the offences under Section 364 of IPC and upon the dead body having found, Section 302 of IPC was added later on. Upon conclusion of investigation, since a prima facie case was found against the appellant, a Chargesheet was filed against the present appellant original accused in the Court.

(3.) HEARD learned advocate, Mr. Gajendra P. Baghel for the appellant original accused and learned Additional Public Prosecutor, Mr. J. K. Shah for the respondent State.