JESINGBHAI SHANKARBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two criminal appeals arise out of a judgment and order rendered by the Sessions Court, Bharuch at Rajpipala, in Sessions Case No. 6/2002, on 27th September, 2002. The two appellants in these two appeals were convicted for the offence punishable under Section 302 r. w. Section 114 of the Indian Penal Code [sipc for short] and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1000/, in default, to undergo S. I for 30 days. They were also convicted for the offence punishable under Section 201 r. w. Section 114 IPC and sentenced to undergo R. I for seven years and to pay a fine of Rs. 500/-, in default, to undergo S. I for 15 days. Lastly, they were convicted for the offence punishable under Section 120 (B) r. w. Section 114 IPC and sentenced to undergo R. I for six months and to pay a fine of Rs. 200/-, in default, to undergo S. I for 7 days. The substantive sentences were ordered to run concurrently. Hence, these appeals.

(2.) WE have heard learned advocate Ms. Farhana Mansuri for the appellants and learned A. P. P. Mr. M. R. Mengdey for the respondent-State.

(3.) THE case belongs to a special category classed by itself, where there are two First Information Reports lodged by the same person, on the same day, with two different Police Stations, in respect of the alleged murder of the same person, in different manner. The evidence of the case does not disclose any material to fix the identity of the dead body, which was exhumed and claimed to be of the deceased victim Ramanbhai. What was recovered upon exhumation were only the bones. There is no evidence as to the cause of death. Last but not the least, there is no valid evidence to fix the liability for the death of a person, whose dead-body was exhumed. The evidence is only in the form of a statement made by convict Chanchalben, while in police custody, before panch-witnesses in the presence of police that deceased Ramanbhai was done to death and his dead body was buried into the forest area. This does not fix the identity of the person, who did it, and on the basis of this evidence, a charge sheet is filed, case is committed to the Court of Sessions, Court of Sessions framed charge against the accused, and upon his taking a plea of not guilty, convicted them on the basis of this evidence.