KHEMA VIRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants original accused came to be tried by the learned Addl. Sessions Judge, Mehsana, Camp Patan in Sessions Case No. 27 of 1999. By judgment and order dated 5th March, 1998, appellant no. 1 was convicted for the offences punishable u/s. 302 & 324 of the Indian Penal Code, 1860 [for short, Sthe IPC ] while appellant no. 2 was convicted for the offence punishable u/s. 302 r/w. Section 34 of IPC. For conviction u/s. 302 of IPC, appellant no. 1 was sentenced to undergo Rigorous Imprisonment for life with fine of Rs.500/- and in default of payment of fine, further Rigorous Imprisonment for six months; and, for the offence punishable u/s. 324 of IPC, he was ordered to undergo Rigorous Imprisonment for six months with fine of Rs.100/- and in default of payment of fine, Simple Imprisonment for further fifteen days. Both the sentences were ordered to run concurrently. So far as appellant no. 2 is concerned, for conviction u/s. 302 r/w. Section 34 of IPC, he was sentenced to undergo Rigorous Imprisonment for life with fine of Rs.500/- and in default of payment of fine, Simple Imprisonment for six months.

(2.) The short facts of the prosecution case are as under;

(3.) 0 Over and above, the prosecution has also produced and placed reliance upon the documentary evidence along with the list produced vide Exhibit 6, which is as under ;