SANJAYBHAI RATILAL LALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals are preferred by the original accused Nos. 1, 4 & 5 - present appellants against the judgement and order of conviction and sentence dated 13.08.2009 passed by the Additional Sessions Judge, Bhavnagar in Sessions Case No. 308 of 2007. The original accused were ordered to undergo rigorous imprisonment for life & fine of Rs. 5000/- in default to undergo rigorous imprisonment for three years for offence under section 302 & 120(B) of Indian Penal Code. The accused were further ordered to undergo rigorous imprisonment for one year & fine of Rs. 100/- in default to undergo rigorous imprisonment for two months for offence under section 135 of B.P. Act.

(2.) It is the case of the prosecution that accused No. 1 was married to Nirmalaben 17 years prior to the date of incident out of which two children were born. It is the case of the prosecution that accused No. 1 wanted to get rid of the deceased as he suspected that she had illicit relations which led to frequent quarrels between the two. Accused No. 1 is alleged to have hired mercenaries for eliminating his wife. All the five accused alongwith another accused - Harish Ramsevak Gupta had allegedly hatched a conspiracy to eliminate Nirmalaben - deceased. Accused No. 3 planned the execution and introduced accused persons to accused No. 1. Accused No. 2 received the money to eliminate the deceased. Accordingly, it is the case of the prosecution that accused mo. 5 and one Harish Gupta had secured employment in the factory of the deceased and thereafter had developed relation of brother with deceased. It is the case of the prosecution that on 25.08.2007, at about 03.15 pm, the deceased was taken from her factory in a Max vehicle bearing registration No. GJ-1-HL-1438 under the guise of taking her to Bagdana on the occasion of Rakshabandhan. It is the case of the prosecution that near Radheshyam Madhi situated on Taadach Bagdana Road, the deceased was done to death by causing injury with knife. Thereafter, the dead body was thrown on he way and thus the accused persons are said to have committed offence punishable under Sections 302, 120B and 34 of Indian Penal Code and also under Section 135 of B.P. Act.

(3.) We have heard Mr. Nirad Buch, Mr. Ashish Dagli and Ms. Jani, learned advocates appearing for the original accused Nos. respectively. Learned advocates for the appellants made the following submissions: