SURENDRAKUMAR MAHENDRAKUMAR MAURYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed against the judgment and order dtd. 12/10/2011, passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, in Sessions Case No. 129 of 2010, whereby, the present appellantsaccused persons, were convicted for the offences punishable under Ss. 302,363,364,201 of the IPC and under Sec. 135 of the Bombay Police Act. The conviction as recorded by the trial Court is as shown in the table below:

(2.) Criminal Appeal No. 1451 of 2011, has preferred by original accused No. 1, in Sessions Case No. 129 of 2010, whereas Criminal Appeal No. 2008 of 2012, has been preferred by original accused No.2, in Sessions Case No. 129 of 2010. We have therefore, heard these criminal appeals together.

(3.) The case of the prosecution is that on 16/6/2010, at 12:30 in the afternoon, the accused persons keeping the suspicion that the minor Deepakkumar Maurya, the nephew of the complainant, aged 14 years, had an illicit relationship with his wife (wife of original accused No.1), kidnapped the minor in the rickshaw of witness No.30. Accused No. 2, being the cousin of accused No.1, helped accused No.1 and hatched a conspiracy and decided to give Rs.50,000.00 as 'supari ' (contract to kill) and kill the minor. The deceased was taken to the field of witness No.23, near the 'bor-well ' and stabbed as many as 9 times, and thereafter, threw the dead body of the deceased in the well, and thereby tried to cause destruction of evidence. The accused also breached the Notification issued by District Magistrate of Prohibition of Arms and Weapons, in the event of killing the deceased. Therefore, the accused were charged for the offences punishable under Ss. 302,363,364,201,120-B of the IPC and also charged for offence punishable under Sec. 135 of the Bombay Police Act.