DINESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 05/01/2004 passed by the learned Additional Sessions Judge, Ahmedabad City, Court No. 2, Ahmedabad in Sessions Case Nos. 162 and 163 of 2003, whereby, the appellant herein - original accused No. 1 came to be convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo life imprisonment and a fine of Rs. 2,000/ - and in default of payment of fine, to undergo further rigorous imprisonment for six months. The appellant -accused No. 1 was also convicted and sentenced for the offence punishable under Sec. 307 of the IPC to undergo rigorous imprisonment for seven years and a fine of Rs. 1,000/ - in default of payment of fine, to undergo rigorous imprisonment for six months. The sentences were to run concurrently, whereas, other accused persons came to be acquitted of the charges levelled against them. Accordingly, present appeal has been filed by the appellant - accused No. 1 against conviction, as aforesaid.

(2.) Facts in nutshell of the prosecution case are that on 27/02/2002 aftermath of Godhra carnage had broken out at various places in the State of Gujarat. In pursuance of the conspiracy hatched by 40 to 50 persons belonging to Hindu community, they gathered near Pratapkunj Society situated at Vasana, Ahmedabad on 24/03/2002 by forming an unlawful assembly with a common object to use force against the innocent persons. They were armed with deadly weapons. Thus, the accused have committed the offence punishable under Sec. 143, 148 and 149 of the IPC. After forming the unlawful assembly and with a view to achieve the common object, the accused assaulted one Munna @ Sabban Salimbhai Shaikh and caused injuries to him on his right hand, left hand, nose, waist portion of his body and on the neck and thereby, they committed the offence punishable under Sec. 307 of the IPC. The accused, then, attacked the wife of Munna namely Gita @ Mumtaz with knife and gupti and caused injuries on her head, back side and other parts of the body and snuffed out her life and thereby, they committed the offence punishable under Sec. 302 r/w. Sec. 149 of the IPC. The accused Nos. 1 to 3 were armed with deadly weapons and thereby, violated the provisions of Sec. 135 of the Bombay Police Act and committed the offence punishable under Sec. 148 and 188 of the IPC. Thus, the accused committed the alleged offence for which, a complaint came to be lodged against them for the aforesaid offences.

(3.) We have heard Mr. Vijay Patel, learned advocate for the appellant - accused No. 1 and Mr. J.M. Panchal, learned Special Public Prosecutor for the State.