VINOD PARSHOTTAMBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of a judgment and order rendered by learned Additional Sessions Judge, Bharuch on 7.2.2001 in Sessions Case No. 170 of 2001 recording the conviction of both the appellants in both these appeals for the offences punishable under Sections 302 and 397 of the IPC. The appellant - Vinod Parshottambhai Parmar, who was original accused No. 1 in the aforesaid sessions case, preferred Criminal Appeal No. 224 of 2003 and appellant - Raju @ Kabadi Sarman Dhobi, who was original accused No. 2 in the aforesaid Sessions Case, preferred Criminal Appeal No. 239 of 2003. Both the appellants - accused were sentenced to undergo R.I for life and fine of Rs. 500/ - each and in default of payment of fine, R.I for three months for the offence punishable under Section 302 of the IPC and R.I for five years and fine of Rs. 100/ - each and in default of payment of fine, S.I for one month for the offence punishable under Section 397 of the IPC.

(2.) THE prosecution case in nutshell is that the incident occurred at about 13.30 hours, on 10th September 2001, in the house of the deceased Bhanuben Bhagwandas, situated in the area called Brijnagar Society, Ankleshwar. It is alleged that both the appellants with intention to commit robbery, entered the house of the deceased and robbed one golden chain of the deceased and while committing the offence, serious head injury was caused to the deceased with iron -rod. The deceased was shifted to hospital, but ultimately she succumbed to the injuries. Maheshbhai Babulal, son of the deceased lodged FIR in Ankleshwar police station regarding the incident. The police investigation was commenced. During the course of investigation, statements of material witnesses were recorded. Weapons as well as the booty i.e. golden chain came to the seized. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed in the Court of learned JMFC, Ankleshwar. Since the offence was exclusively triable by the Court of Sessions, the learned JMFC, Ankleshwar committed the case to the Court of Sessions, Bharuch, which came to be registered as Sessions Case No. 170 of 2001.

(3.) THE learned trial Judge framed charge against both the accused at Exh.3 for the offences punishable under Sections 302 and 397 of the IPC, to which they did not plead guilty and claimed to be tried. Thereupon, the prosecution adduced its oral and documentary evidence. After the prosecution concluded its evidence, learned trial Judge recorded further statements of both the accused under Section 313 of the Cr.P.C. The appellants in their further statements denied generally all the allegations levelled against them by the prosecution and submitted that they were falsely implicated in this case.