HIMATBHAI NANJIBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 374 of the Criminal Procedure Code against the judgment and order of conviction dated 30.12.2013 passed by learned 2nd Additional Sessions Judge, Rajula, District-Amreli, in Sessions Case No.79 of 2011, whereby the accused-appellants herein came to be convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code as well as for the offence punishable under Section 135 of the Gujarat Police Act. For the offence under Section 302 of IPC, the accused were ordered to undergo imprisonment for life and to pay fine of Rs.50,000/- and, in default of payment of fine, further two years' simple imprisonment was awarded. For the offence under Section 201 of IPC, the accused were ordered to undergo three years' simple imprisonment and to pay fine of Rs.2,500/- and, in default of payment of fine, further two months' simple imprisonment was awarded. For the offence under Section 135 of the Gujarat Police Act, the accused were ordered to undergo simple imprisonment for one month and to pay fine of Rs.250/- and, in default of payment of fine, further seven days' simple imprisonment was awarded. All the sentences were ordered to run concurrently.

(2.) Complainant is the brother of the deceased-Lavjibhai Bhanabhai Makwana. The case of the prosecution is that the accused and the complainant are neighbours. As the deceased and sister of the accused persons, viz. Baliben were in love with each other and they got married, it was not liked by the accused persons. Due to this reason, Baliben along with the deceased went to reside at another place and was not coming in the village. Once when the deceased came to the village, the accused persons tried to assault him but he ran away. The accused were in search of a chance to kill the deceased. On 21.8.2011, due to festival, the complainant and deceased along with other persons went to the house of Sarpanch to meet him. Deceased went to the village from there by taking motorcycle from the Sarpanch. In the evening, the deceased left the village to go to Rajula. Thereafter, the deceased was not traceable. On 23.8.2011, Baliben, wife of the deceased, went to the house of Sarpanch and informed that the deceased has not reached Rajula. Therefore, the Sarpanch asked the complainant to inquire about his brother. On 27.8.2011, Sarpanch informed the complainant that the motorcycle, which the deceased had borrowed from him, is lying on the way from Rajula to Katar. The complainant informed the police and they also went to the spot. Upon being searched, dead body of the deceased was found from a well in the farm of Chhaganbhai Parmar. Therefore, it is alleged that as the accused did not like the marriage of their sister with the deceased, they killed the deceased and thrown his dead body in a well.

(3.) Upon investigation being carried out, charge-sheet was filed in the Court of Judicial Magistrate, First Class, against the accused persons for the above referred offences. Since the offence is triable exclusively by the Court of Sessions, the case was committed to the Sessions Court. Thereafter, charge was framed against the accused and the accused pleaded not guilty to the charge and claimed to be tried.