RAJESHBHAI KESHAVBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of the respondent - State of Gujarat.

(2.) This application under Section 389(1) of the Code of Criminal Procedure, 1973 ("the Code"), has been preferred by the applicant, who is the original accused No.4, for the suspension of the sentence imposed upon him by the learned Sessions Judge, Anand, by the judgment and order dated 10.03.2016, passed in Sessions Case No.71 of 2012, pending the decision of Criminal Appeal No.835 of 2016, preferred by him along with three co­accused persons. By the above­ mentioned judgment, the applicant has been convicted for the offences punishable under Section 302 read with Section 120­B of the Indian Penal Code, 1860, and sentenced to undergo life imprisonment.

(3.) Briefly stated, the case of the prosecution is that the accused persons, in collusion with each other hatched a conspiracy, as a result of which, on 06.05.2011, at 8:30 am, when the deceased Prakashchandra Ambalal Shah was going from his house towards Vasad Railway Station and climbing the path near the sewer, on the southern side of Platform No.1, accused No.1 inflicted a blow with an iron pipe on his leg. Accused No.3 showed the iron pipe to accused No.2 and also showed the deceased coming there. Accused No.1 took accused Nos.2 and 3 to the place of offence on the motorcycle belonging to the present applicant. In short, as per the case of the prosecution, the present applicant had hatched a conspiracy with the other accused, nursing a grudge in his mind, as the deceased had compelled his daughter to take a divorce from the applicant, who had earlier had a love­ marriage with her. Nursing a grudge regarding this, the applicant had conspired to kill the deceased and to this end, had given money and his motorcycle to accused Nos.1, 2 and 3, who inflicted blows with an iron pipe upon the deceased and escaped from the spot on the motorcycle of the present applicant. The deceased was taken to the hospital but died before he could reach there.