RAVSAHEB @ RAVIRAJ VIKRAM PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the judgement and order of conviction and sentence dated 31st December,1997 passed by learned Additional Sessions Judge, Surat in Sessions Case No.15 of 1997, whereby the present appellants have been convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/ -, in case of default, further simple imprisonment for six months has been awarded. The appellants have also been convicted for an offence punishable under Section 498 -A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/ -, in case of default, further simple imprisonment for three months has been awarded. Against this judgement and order, the present appeal has been preferred by the appellants.

(2.) THE appellants are facing charge of committing murder of Sunanda - wife of accused No.1. Deceased was forced to bring money from her parental house. Likewise, on 4th November,1996, when appellant no.1 told her to prepare break -fast, deceased replied that it will take some time and, therefore, appellants set the deceased to fire. This is a charge, which they are facing in Sessions Case No.15 of 1997.

(3.) LEARNED counsel for the appellants submitted that appellant No.1 is absconding, as per report dated 23rd April,2002 given by Inspector General of Police and also as per the report dated 28th April,2008 recently received from Baroda Central Jail. It is also submitted by learned counsel for the appellants that appellant No.2 has expired on 12nd October,2003. Learned Additional Public Prosecutor has produced death certificate of appellant no.2 and submitted that death of appellant no.2 has been registered at Village: Mangrul, Taluka: Parola, District: Jalgaon, Maharashtra. A photocopy of the same is taken on the record of the case.