SANTOSHSINH GOPALJI VIHOLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise from the same judgment of the trial Court. Therefore, they are being disposed of by this common judgment.

(2.) THE appellants of these two appeals were tried for offence punishable under Section 302 of Indian Penal Code in Sessions Case No.279 of 2008. The learned Additional City Sessions Judge, by judgment and order of sentence dated 11.12.2008, convicted the appellant -Santoshsinh Gopalji Vihola of Criminal Appeal No.65 of 2009 and directed him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/ -, in default to further suffer simple imprisonment for one year with benefit of set off while the respondents of Criminal Appeal No.365 of 2009 Manojkumar @ Munno Babubhai Chauhan and Kaiyurbhai Dahyabhai Patel came to be acquitted.

(3.) THE prosecution case as unfolded during the trial before the lower Court is that in furtherance of conspiracy hatched by the accused persons, on 24.11.2006, at about 20.30 hours the accused persons took the deceased Jyotsnaben Santoshsinh Vihola in an autorickshaw and while the autorickshaw was passing on Subhash bridge, all the accused persons made the deceased to drink acid and thereafter sprinkled acid on her body and thereby committed murder of deceased Jyotsnaben. The offences vide Madhavpura Police Station C.R.No.I -323 of 2006 for the offence punishable under Section 302 of Indian Penal Code came to be registered against the accused persons.