HIMANSUSINH @ RAKESHKUMAR ARJNSINH THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by ld. Addl. Sessions Judge, Fast Track Court, Panchmahals, Godhra in Sessions Case No. 248 of 2002 on dated 21.2.2003 recording conviction of both the appellants for the offences punishable under Section 302 read with Section 34 of the IPC and Section 135 of the Bombay Police Act.

(2.) ALL the appellants were sentenced to undergo imprisonment for life and fine of Rs. 1000/ - each and in default of payment of fine, S.I for one month for the offence punishable under Section 302 r/w. Section 34 of the IPC and S.I for one month and fine of Rs. 100/ - each and in default of payment of fine, S.I for fifteen days for the offence punishable under Section 135 of the Bombay Police Act.

(3.) THE prosecution case in nutshell is that the incident occurred at about 11 p.m. on 6.6.2002 in the house of deceased Bathibhai Hathibhai situated in village Gothda, Taluka Godhra, District Panchmahals. According to the prosecution case, the appellant - accused No. 1 Himanshusinh @ Rakeshkumar Arjunsinh maintained illicit relation with widowed daughter -in -law of deceased Bathibhai Hathibhai. Deceased Bathibhai opposed to such illicit relation maintained by the appellant - accused No. 1 with his widowed daughter -in -law, which was not liked by the appellant - accused No. 1. Keeping this grudge in mind, both the appellants, carrying knife and iron -leg of cot, entered the house of deceased Bathibhai, while he was all alone in the house and caused fatal injuries to the deceased. It is the case of the prosecution that at the time of the incident, the family members of deceased Bathibhai had gone to attend one marriage, and Bathibhai was alone in the house. Soon after the incident, message was conveyed to Dahyabhai Bathibhai, son of the deceased and Dahyabhai Bathibhai lodged FIR in Godhra taluka police station against both the appellants regarding the incident.