RAJAN JOHNSANBHAI CHRISTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all three persons were facing trial by way of Sessions Case No. 336 of 1992 of the Court of City Sessions Judge, Ahmedabad essentially for offence under Sec. 302 of Indian Penal Code. The charge that came to be framed refers to also Secs. 120-B and 34 of Indian Penal Code. The charge at Exh. 2 has been framed very carefully and individually, all of them came to be charged for offence under Sec. 302 and collectively read with Sec. 120-B and/or Sec. 34 of Indian Penal Code.

(2.) The incident leading to the said trial occurred on 20th May 1992 at about 1-00 p.m. in Staff Quarter No. 7 of Mental Hospital Compound, situated behind H. B. Kapadia High School, outside Delhi Darwaja, Ahmedabad. Son Chetan @ Pappu of Mrs. Ilvina was done to death in a very brutal manner. As per the prosecution case, hands of the deceased were tied at his back with a rope or a string, his mouth was goggled and with a sharp cutting as well as blunt instrument injuries on his body were caused and his genital organ was cut and placed by the side. The deceased was left in this manner in a pool of blood, of course, lifeless.

(3.) Of the three accused, two accused came to be acquitted by the learned Additional Sessions Judge by his judgment dated 25-10-1993. The convicted accused, original accused No. 1, has filed Appeal No. 1394 of 1993, the State has filed Appeal No. 124 of 1994 praying for enhancement of sentence which would mean that instead of life imprisonment which has been awarded by the learned trial Judge, he should be awarded capital punishment and another Appeal No. 125 of 1994 is filed in respect of acquitted original accused No. 2 Domnic @ Bablo @ Bablo Bachubhai. The name of the convict-appellant is Rajan Johnsanbhai Christy. The 2nd acquitted accused is Mohmad Rafik Mohamad Ramjan Pathan. As State has chosen not to file an appeal against his acquittal, it becomes final.