DHIRUBHAI KADVABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of a judgment dated 31.01.2014 passed by the learned Additional Sessions Judge, Junagadh, in Sessions Case No.9 of 2009. Accused no.3 Lala @ Bala Nathubhai Rabari has filed Criminal Appeal No.488 of 2014. The other two accused Dhirubhai Kadvabhaiaccused no.1 and Lakhabhai Lakhmanbhaiaccused no.2 have filed separate Criminal Appeal No.487 of 2014. They have all been convicted by the learned Sessions Judge for offence under section 302 of Indian Penal Code and sentenced to undergo life imprisonment. Accused nos.2 and 3 have been granted bail, whereas, accused no.1 Dhirubhai Kadvabhai has not been granted bail pending appeal. Noticing that he has served out a sentence close to eight and a half years, we had fixed these appeals today for final hearing.

(2.) Briefly stated, the prosecution version was that Lalaaccused no.3 was in contact with deceased Jahidmiya Mahommad Hussain. He enticed Jahidmiya into coming to an isolated spot at night of 21.08.2008 on the pretext of finding some secret treasure. There, as per the previous conspiracy between the three accused, Jahidmiya was killed. His belongings and valuables such as money, mobile phone and motorcycle were robbed. His deadbody was then thrown in the nearby well from where it was found two days later i.e. on 23.08.2008. All the accused were charged with offences punishable under sections 302, 397, 120B read with section 114 of Indian Penal Code and section 135 of the Bombay Police Act. The learned Sessions Judge convicted them for offence under section 302 read with section 114 of Indian Penal Code, but acquitted them for offences under sections 397 and 120B.

(3.) We may record the gist of evidence. Abbasmiya Mahommadhussain, PW22, Exh.76, the brother of the deceased was also the first informant. He deposed that he himself was a truck driver. His brother was engaged in the business of buying and selling of land.