THAKORE PRAHLADJI SOMAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the common judgement and order dated 9.9.2009 passed by learned Additional Sessions Judge, Fast Track Court No. 3, Mahesana, Camp at Visnagar, in Sessions Case No. 125 of 2009. They are, therefore, heard together and decided by this common judgement.

(2.) BY way of the present appeals under Section 374 of the Code of Criminal Procedure, 1973, the appellants -original accused have challenged judgement and order of the trial Court dated 9.9.2009 whereby the appellants have been convicted for the offences punishable under Sections 302, 323, 337, 506(2) read with Section 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act. The trial Court sentenced the appellants to suffer imprisonment for life and to pay fine of Rs. 10,000/ - each and in default of payment of fine, to undergo further rigorous imprisonment for five years for the offence under Section 302 read with Section 34 of the Indian Penal Code ('the IPC' for short).

(3.) LEARNED advocate for the appellants has contended that there are contradictions and omissions in the FIR filed by the complainant and her deposition before the trial Court. Since the complainant did not support the prosecution case, she was declared as hostile witness. He further contended that the witness Karsanji Kuvarji Thakore, Exh. 51, does not attribute any role of the appellant in causing injury to the deceased. In that view of the matter, he submitted that the trial Court has failed to appreciate the evidence in its proper perspective and the judgement and order of the trial Court is required to be interfered with. In the alternative, considering the medical evidence on record, he has contended that the conviction of the appellants is required to be altered from Section 302/34 to conviction under Section 304 Part -I/34 of the Indian Penal Code.