DHIRUBHAI DAVSHIBHAI VIRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 15.3.2007 passed by learned Additional Sessions Judge and Fast Track Judge, Junagadh in Sessions Case No.4 of 2005 in this appeal whereby learned Additional Sessions Judge has been pleased to convict accused Dhiru Devshi Viram and imposed the sentence upon him to undergo life imprisonment and fine of Rs.5,000/- for the offences punishable under sections 302 read with section 34 of IPC and also ordered to undergo simple imprisonment for seven years and fine of Rs.5,000/-, in default, to undergo further six months simple imprisonment for the offence punishable under section 201 read with section 34 of IPC, accused Rama Lakhman Chandera is ordered to undergo simple imprisonment for seven years and fine of Rs.5000/-, in default, further six months simple imprisonment for offence punishable under section 201 read with section 34 of IPC and ordered to run all the sentences concurrently.

(2.) The broad facts of the case are that the first informant i.e. Jivabhai Ramabhai Divaraniya, resident of Dhandhusar had lodged the complaint alleging inter alia that son of the first informant i.e. Lila Jiva had love affair with the sister Lilaben of the original accused No.1 which was not liked by original accused No.1. It is the case of the prosecution that Dhirubhai Devshibhai along with other co-accused has called the deceased near garden on 1.9.2004 at 20.30 hours and Dhirubhai Devshibhai has inflicted injuries by knife and on account of injuries, Lila Jiva passed away. It is the case of the prosecution that with the help of accused No.2, dead body was removed and clothes as well as knife were destroyed and accordingly, it is alleged that in connivance with each other, the incident has taken place. It is alleged that the accused had also committed breach of the public notification issued by the District Magistrate.

(3.) Therefore, FIR came to be registered before the Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.