THAKOR DALPATJI @ DAPAJI KANTIJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under Section 389 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .") at the instance of an applicant-convict (original accused no.1) seeking suspension of the substantive order of sentence of life imprisonment passed by the Additional Sessions Judge, Patan dated 20th April, 2017 in the Sessions Case No.70 of 2013.

(2.) We take notice of the fact that in all three accused including the applicant herein were put on trial for the offences punishable under Sections 302 , 364 read with Section 114 of the Indian Penal Code (for short "the IPC "). We also take notice of the fact that all the three accused put on trial including the applicant herein came to be convicted for the offences punishable under Sections 302 , 364 read with Section 114 of the IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000/-. In default of the payment of fine, to suffer further simple imprisonment for one month. They were also convicted for the offence punishable under Section 364 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-.

(3.) It is the case of the prosecution that, the deceased was abducted by the applicant-convict in a car and after two and half hours the dead-body was found.