MAHESHKUMAR @ TINU MANGALAJI LIMBAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant -convict seeks suspension of the sentence imposed upon him by the judgment and order of conviction and sentence dated 5th November, 2015 passed by the learned Third Additional Sessions Judge, Modasa, District Banaskantha in Sessions Case No.34 of 2015 (Old Sessions Case No.54 of 2010).

(2.) By the aforesaid judgment and order of conviction and sentence, the learned Additional Sessions Judge has convicted the applicant for the offence punishable under section 302 of the Indian Penal Code and has sentenced him to undergo life imprisonment and fine of Rs.2,000/ - and in default of payment of fine, to undergo three months rigorous imprisonment. The applicant has further been convicted for the offence punishable under section 404 of the Indian Penal Code and sentenced to undergo imprisonment for a period of three years and fine of Rs.500/ - and in default, to undergo further imprisonment for a period of fifteen days.

(3.) Before the trial court, the case of the prosecution was that a first information report came to be lodged by one Vinodkumar Kalaji Thakor to the effect that his sister -in -law Daminiben (widow of his deceased elder brother) together with his niece Sheetal, was residing in a separate rented house in the same premises and that, on 12.01.2010, an unknown youth, aged about 20 to 22 years, had come there. Since he had not recognised the said youth, he had inquired from his sister -in -law, who told him that he was the son of his sister from Virpur and had told him that as he had failed in the 12th standard and was not studying any further. The boy was fair, medium built and about five and half feet tall and had stayed with his sister -in -law for about fifteen days and lastly, on 29.01.2010, at about 03:30 in the afternoon, that boy along with another came out of his sister -in -law's room with a packed TV and VCD. Since he had not seen his sister -in -law and his niece for two days, he asked him as to where they had gone and he told him that they had gone to the village and that the TV was to be kept at the village. Thereafter, he secured the lock and took the keys and both of them left and on 31.01.2010, in the morning, their neighbour Ashokbhai Panchal told him that some blood like liquid was dripping from the second floor on the iron rods kept in front of his shop and there was a foul smell and has asked him as to where his sister -in - law was and he had informed him that she had gone to the village. They then informed by police station and he and Ashokbhai and other neighbours broke open the lock and entered inside and saw the foul smelling dead bodies of Daminiben and Sheetal.