VIRJI SAVJI GELAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of judgment and order passed on 15 -1 -2001 by learned Asstt. and Addl. Sessions Judge, Sabarkantha at Himatnagar, Camp at Modasa in Sessions Case No.112 of 1999. As both these appeals arise out of the same judgment the appeals have been heard and decided by common judgment.

(2.) APPELLANTS in Criminal Appeal No.165 of 2001 have been convicted for the offence punishable u/s 302 read with Section 34 of the I. P. Code and have been sentenced to undergo life imprisonment and to pay fine of Rs.5000/ -, in default thereof, to undergo further six months' rigorous imprisonment. Criminal Appeal No. 364 of 2001 has been filed by the State against acquittal of other accused for the offence charged against them.

(3.) ACCORDING to the prosecution case, one Marta Savji was killed by members of family of Gameti and therefore keeping grudge thereof on 11 -8 -1999 at about 4 -00 in the evening accused Virji Savji and Ramesh Marta armed with axe, accused Dhanji Savji and Dita Savji armed with sticks abducted Shantibhai Madhubhai and took him to their field and beat him with axe and sticks. On account of beating Shantilal sustained injuries and died. Therefore, Mavjibhai Rupabhai lodged First Information Report before Meghraj Police Station.