MAHENDRA @ MANU JIVRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of judgment and order passed on 26 -4 -2001 by learned Addl. Sessions Judge, Banaskantha at Palanpur in Sessions Case No.100 of 2000 convicting and sentencing the appellants for the offence punishable u/ss 302, 397, 201, 120 -B and 34 of the I.P. Code and directed them to undergo sentence of life imprisonment for the offence 302, 120 -B and 34 of the I.P. Code and further to undergo sentence of rigorous imprisonment for 7 years for the offences punishable u/ss 397 and 34 of the I.P. Code and also to undergo simple imprisonment for seven years and to pay fine of Rs.1000/ - in default thereof to undergo simple imprisonment for one month for the offence punishable u/s 201 -34 of the I.P. Code. All the sentences were ordered to run concurrently.

(2.) AS both these appeals arise out of the same judgment, the appeals have been heard and decided by common judgment.

(3.) THE prosecution case is that the appellants and other absconding accused hired Tata Sumo Car bearing registration No. GJ -5 -P 6611 from Surat and started to go towards Ambaji. On 15 -12 -1992 Mahemudkhan Sahebajkhan Ghori of Pandva village informed Vadgam Police Station that a dead body of Muslim boy is lying towards Pandva village. On the basis of this information, dead body with multiple injuries caused with sharp cutting weapon and blunt weapon was recovered from Mokeswar Dam and complaint was filed with regard to the incident.