SALIM BHIKHUBHAI GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, along with three others, was tried by the Sessions Court, Rajkot in Sessions Case No. 134 of 1999 for the offence of murder of Khumansinh Ratubha and destruction of evidence thereof.

(2.) THE case of the prosecution was that the appellant runs sugarcane juice stall at Rajkot in Gaytrinagar Chowk area. On 1. 5. 1999 at around 8. 15 p. m. , it is alleged that deceased Khumansinh went to the stall and manhandled the switch of the electric motor of the juicer which resulted into damage to the electric motor. This resulted into altercation. Keeping this in mind, after about half an hour, the appellant along with three others assaulted Khumansinh collectively with sickle in his hands and caused multiple injuries. Thereafter, they placed the dead body of Khumansinh into auto-rickshaw; took it to Shivpara street No. 2; then poured kerosene and petrol and set him on fire. The accused persons thereafter absconded. The offence was registered in this context with Bhaktinagar Police Station, Rajkot and the chargesheet was filed in the court of Chief Judicial Magistrate, Rajkot. In turn, the case was committed to the court of Sessions and Sessions Case No. 134 of 1999 came to be registered. 2. 1 The charge was framed at Exh. 1 to which the accused persons pleaded not guilty and came to be tried.

(3.) BY the impugned judgment dated 26. 2. 2003, the Sessions Court convicted the appellant for offence of murder of Khumansinh and convicted all the accused persons of offence of destroying the evidence punishable under Section 201 of IPC. The appellant is sentenced to undergo imprisonment of life of offence of murder, whereas sentenced all the accused persons to undergo RI for three months with fine of Rs. 500/- each, in default, to undergo SI for one month for the offence punishable under Section 201 of IPC.