SUNIL @ HASMUKH KANTILAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused No.2 ("A-2" for short) along with other four accused ("A-1"", "A-3", "A-4" and "A-5" for short) was charged and tried by the learned Additional City Sessions Judge, Court No.5, City Sessions Court, Ahmedabad in Sessions Case Nos.144 of 1998 and 145 of 1998 for commission of the offences punishable under Section 302, read with Sections 120B and 149, as well as Sections 147 and 148 of the Indian Penal Code ("IPC" for short) on the accusation that on 19th January, 1998, near M/s. Parin Diamond situated in Arvind Estate on a public road, A-2 and other four accused hatched a conspiracy and armed with deadly weapon formed an unlawful assembly and in furtherance of their common object, surrounded the deceased Paresh and A-2 gave a knife blow on the left side of the chest of the deceased Paresh and one on his back side, which has proved to be fatal, and A-3 caused injury by a hockey stick on the thigh of the complainant Navneetbhai Nannubhai Patel and thereafter, they ran away.

(2.) At the end of the trial, as A-2 alone was found guilty of the commission of murder of the deceased Paresh, he was convicted vide the judgement and order dated 23rd March, 1999 for commission of the offence under Section 302 of IPC and was sentenced to imprisonment for life and fine of Rs.5,000/-, in default to undergo further rigorous imprisonment for a period of six months, whereas A-1, A-3, A-4 and A-5 were not found guilty of the offence, with which they were charged and, therefore, they were acquitted by giving them benefit of doubt.

(3.) Being aggrieved by the judgement and order of conviction and sentence dated 23rd March, 1999 passed by the learned Additional City Sessions Judge, Ahmedabad in Sessions Case Nos.144 of 1998 and 145 of 1998, A-2 has filed the instant Criminal Appeal with the aid of Section 374 of the Code of Criminal Procedure ("the Code" for short).