SOMABHAI BECHARBHAI VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal filed under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order of conviction and sentence dated 30.8.2012 passed by the learned Additional Sessions Judge, Anand in Sessions Case no.40 of 2009, whereby the appellant has been convicted for the offence punishable under Section 302 read with Section 114 of the Indian Penal Code, 1860 and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.2,000/- and in default, to undergo simple imprisonment for six months. The appellant has also been convicted for the offence punishable under Section 201 of the I.P. Code read with Section 114 of the I.P. Code and has been sentenced to undergo rigorous imprisonment for three years and fine of Rs.500/- and in default, to undergo simple imprisonment of two months. The learned Sessions Judge has also held that both the sentences shall run concurrently and the accused shall be given benefit of set off.

(2.) As per the prosecution, one Ganpatsinh Raysinh Solanki, resident of Gorva, Taluka Borsad declared before Bhadran Police Station that a buried dead body is noticed in the cave situated in Gorva-Fatepur area. The said information was noted in the station diary on 28.1.2009 being diary entry no.15/09 registering death by accident. The dead body was taken out in presence of Executive Magistrate and the Mamlatdar. It was noticed that the dead body of a male without the forehead was found and a complaint came to be filed. The present appellant and one Chandubhai Mafatbhai Vaghri were arraigned as an accused and as the record indicates, Chandubhai Mafatbhai Vaghri committed suicide on 9.2.2009. After the investigation, charge-sheet was filed and the case was committed to the learned Sessions Court. As the appellant did not plead guilty and preferred to be tried, ultimately, a charge-sheet came to be filed at Exh.4 for the offence punishable under Sections 302, 201 and 120B of the IPC. It was the case of the prosecution that the appellant along with Chandubhai Mafatbhai Vaghri took the deceased Lallubhai Vaghri to the cave in a preplanned manner because of some financial transaction with the deceased. It is further the case of the prosecution that the deceased Lallubhai was called in the cave and the deceased Chandubhai Mafatbhai Vaghri caught hold of the forehead of the deceased and the appellant chopped up the head of the deceased with Danti and the forehead was separated from the body. It is the case of the prosecution that such a brutal act has been committed by the appellant and it is further alleged that in order to conceal such an act, the dead body was buried in the cave. As the whole case of the prosecution is based on circumstantial evidence, the prosecution examined 14 Prosecution Witnesses and relied upon the documentary evidences including photographs and Forensic Science Laboratory report in particular. The learned Sessions Judge, after appreciating the evidence on record and after hearing the parties, came to the conclusion that the prosecution has been able to establish the guilt of the appellant and the whole chain of circumstances is proved beyond doubt and has convicted the appellant for the offence punishable under Sections 302 and 201 of the IPC as described hereinabove and being aggrieved by the same, the present appeal is filed.

(3.) Heard Mr. Nirav Majmudar, learned advocate for the appellant and Mr. Rakeseh Patel, learned Additional Public Prosecutor for the respondent - State and have also perused original record and proceedings as well as the paper book.