STATE OF GUJARAT Vs. SANTOSHKUMAR KASHIKUMAR HARIJAN

JUDGEMENT

(1.) Under section 366(1) of Code of Criminal Procedure, the learned Principal District and Sessions Judge, Valsad has forwarded the record and proceedings for confirmation of death sentence awarded to the accused Santoshkumar Kashikumar Harijan in Sessions Case No. 93 of 2006 vide judgment and order dated 21.7.2007, whereby, the learned Sessions Judge has convicted and sentenced the accused to death penalty. The same was numbered as Criminal Confirmation Case No. 1 of 2007 and the appellant -accused has also preferred Criminal Appeal No. 1018 of 2007 through jail. Criminal Confirmation Case No. 1 of 2007 and Criminal Appeal No. 1018/2007 are arising out of the judgment and order of conviction and sentence of death penalty, dated 21.7.2007 passed by the learned Principal District and Sessions Judge, Valsad in Sessions Case No. 93 of 2006, and hence, both are heard together and disposed of by this common judgment.

(2.) At Vapi Town Police Station, offence punishable under sec. 363, 366, 376 and 302 of Indian Penal Code was registered on 1st July, 2006 vide C.R. No. I -187/2006 at 15.00 O'clock.

(3.) The facts of the prosecution case is that, Sunita Chandu Shyam Sunder Vadari, who is a labourer, staying at Pillar of Over -bridge of National High -way No. 8, Vapi, G.I.D.C., District Valsad, with her two sons, aged 5 years and 3 years and daughter aged 7 years and maintaining her family by doing labour work of mason since ten to twelve years from the day of the incident.