BEGADIYA SOMABHAI KALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants - convicts have challenged the judgment and order of conviction and sentence rendered on 30 -8 -1997 by learned Addl. Sessions Judge, Banaskantha at Palanpur in Sessions Case No.45 of 1995 convicting the appellants for offences punishable u/ss. 302, 323, 324 read with Section 34 of the I.P. Code and u/s 135 of the Bombay Police Act and sentenced them to undergo different sentences.

(2.) IT was the prosecution case that on 4 -11 -1994 at about 15 -00 hours in furtherance of their common intention to commit murder of Anada Ratna, appellant Kala Kaala and Kaala Ratna committed his murder and appellant Soma Kaala and appellant Vira Kaala caused injury with stick having iron rings to Nopabhai Ratnabhai and Chandubhai Bhemabhai and appellant Kala Kaala and appellant Kaala Ratna abetted the accused in commission of offence and thereby committed offences punishable u/s 302, 323, 324 and 34 of the I.P. Code and u/s 135 of the Bombay Police Act.

(3.) ON the basis of the first information report lodged by Nopabhai Ratnabhai before Danta Police Station, offence was registered as I - CR No. 107 of 1994 against the accused and the investigation was started. On completion of investigation charge sheet against the accused for the aforesaid offences was laid before the J.M.F.C., Danta. As the offences were triable by Sessions Court, the case was committed to the Sessions Case, Banaskantha at Palanpur and it was registered as Sessions Case No. 45 of 2005. Learned Addl. Sessions Judge, Banaskantha at Palanpur framed charge Exh.3 against the accused for the aforesaid offences. On completion of recording of evidence, the learned trial Judge explained to the accused the incriminating circumstances appearing against them in the evidence. The accused denied having committed the offence in their further statements recorded u/s 313 of the Code of Criminal Procedure and stated that they have been falsely implicated in the offence.