HARIJAN KESHUBHAI BADHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have challenged the judgment and order rendered by the Sessions Court, Rajkot in Sessions Case No. 62 of 1998 on 19-10-2002 convicting both of them for the offence of murder of Dalpat Raja and sentencing them to imprisonment for life and fining each of them for Rs. 10,000/-, in default to undergo rigorous imprisonment (R. I.) for two years. 1. 1. During the pendency of the appeal, appellant No. 1 - Harijan Keshu badhabhai expired on 30-12-2008 while under treatment at Civil Hospital, Rajkot. His heirs and legal representatives have chosen not to pursue this appeal even till today. As a result, the appeal of appellant No. 1 - Harijan Keshu Badhabhai would stands abated.

(2.) BRIEF facts of the case are that the incident in question occurred on 16-94997 around 11-30 a. m. in the Court house of 6th Joint Civil Judge (S. D.)and Judicial Magistrate, First Class, Bhavnagar. It is the case of the prosecution that both the appellants assaulted deceased Dalpat Raja Harijan with daggers and/ or dhariya and caused multiple injuries on the person of Dalpat Raja and Dalpat raja succumbed to the injuries on the spot.

(3.) UPON considering the evidence led by the prosecution, the Sessions Court came to a conclusion that the prosecution was not successful improving charges against original accused No. 3 - Harijan Mithiben Badhabhai and recorded her acquittal. So far as the original accused Nos. 1 and 2, the appellants, are concerned, the Court found that the charge of murder was proved against them, and therefore, recorded their conviction and sentence as recorded in the earlier part of this judgment. 3. 1. The State has chosen not to challenge the acquittal of original accused no. 3 - Harijan Mithiben Badhabhai and there is no appeal against that acquittal.