PIYUSH PRAVINCHANDRA SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed against the judgement and order dated 11. 10. 2002 passed by the learned Additional Sessions Judge, Sabarkantha in Sessions Case No. 62 of 1999.

(2.) SO far as Appeal No. 900 of 2002 is concerned, it is preferred by three accused appellants original accused Nos. 1, 2 and 3. Mr. Pardiwala, learned advocate appears for appellant No. 1 and 2 whereas for original accused No. 3 appearance of Shri Harshit Tolia is shown on the board. It is informed by Mr. Pardiwala that so far as accused No. 3 Balwantsinh @ Boby Badal is concerned, he is reported to be absconding. Therefore, his appeal is segregated and the same is not decided by this judgement.

(3.) BOTH the appeals arise from the common judgement and order of conviction passed by the learned Additional Sessions Judge, Sabarkantha, dated 11. 10. 2002. The accused appellants were charged with the offence of having committed murder of one Raghubhai. It is the case of the prosecution that the accused persons on the date of incident came on two motorcycles wherein appellant Nos. 1 and 2 of Criminal Appeal No. 900 of 2002 were armed with sword whereas appellant of Criminal Appeal No. 851 of 2002 was riding a motorcycle and in the same manner the absconding accused i. e. appellant No. 3 of Criminal Appeal No. 900 of 2002 was also riding a motorcycle.