KRUSHNAKANT @ KANUBHAI BALDEVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of judgement dated 28.03.2005 rendered by the learned Additional Sessions Judge, Gandhinagar, in Sessions Case No. 16 of 2003.

(2.) Briefly stated, the prosecution version was that deceased Salim and deceased Devsi were close friends since many years. Salim had purchased a second hand Indica car by borrowing money from the present appellant, Krushnakant @ Kanubhai Baldevbhai Patel, original accused No.3. Salim, however, could not repay this amount. Kanubhai, therefore, hatched a conspiracy with four other accused persons and, in furtherance of which, the said four accused killed Salim and Devsi. The actual murder, according to the prosecution, took place late at night on 06.06.2002 near village Raysan in the outskirts of Gandhinagar. The two dead bodies were then put in the back seat of the Indica car. The bodies were then brought in the Indica car near village Vavol. To destroy the evidence, the accused poured petrol on the car and set it on fire. The charred bodies of the two deceased persons were found on the back seat of the car which was also badly damaged due to fire. It was difficult to recognize either the dead bodies or the car also. Charge to this effect was therefore, framed at Exh 12 alleging that the three accused Jasubhai Vishnubhai Patel, accused No.1, Nischal Bharatkumar Thaker, accused No.2 and Krushnakant @ Kanubhai Patel accused No.3 i.e. the present appellant had committed offence under section 364 read with section 120B and offence under section 201 read with section 120B. All these principal offences, in the alternative, were sought to be established through the aid of section 34 of IPC. The fourth accused Arunkumar Jivanbhai Parekh being a juvenile was tried by the Juvenile Court. The fifth person Nirupam @ Bhuriyo Jamnadas Kansagra (Patel) has all along absconded.

(3.) The learned Sessions Judge, by the impugned judgement, convicted all the three accused for offences under section 364, 302 and 201 of IPC read with section 120B of the Code and sentenced them to life imprisonment in addition to imposing lesser sentences. This judgement was challenged by the three convicted accused by filing three separate appeals. We are informed that, original accused Nos.1 and 2 died during the pendency of their appeals. Their appeals, therefore, have abated.