RAMESHBHAI BABUBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - original accused Nos. 1 and 3 have preferred this Criminal Appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C."), questioning the legality and validity of the judgement and order of conviction and sentence dated 26th July, 2018 passed by the 3rd Additional Sessions Judge, Banaskantha at Diyodar, in the Sessions Case No.3 of 2017. The 3rd Additional Sessions Judge convicted the appellants herein - original accused Nos. 1 and 3 for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code (for short "the IPC") and sentenced them to undergo life imprisonment with fine of Rs.5,000/- each, and in default of fine, directed to undergo further simple imprisonment for a period of three months. The 3rd Additional Sessions Judge was pleased to grant benefit of set off as per Section 428 of the Cr.P.C.

(2.) The case of the prosecution, in nut shell is that, on the October, 2016, the complainant namely, Khodabhai Raymalbhai Thakor came to know that a dead body, was lying near the agricultural field of one Devanbhai Madhabhai Patel wrapped in a plastic bag. When he opened the plastic bag, he found a nude dead body cut into pieces. Therefore, he informed the police and a complaint was registered at the Bhabhar Police Station vide I-C.R. No.76 of 2016.

(3.) At the time of argument, Mr. Yogendra Thakore, the learned Counsel appearing for the appellants - original accused contended that the judgement and order of conviction is contrary to the provisions of law and against the evidence on record and hence, the same is required to be quashed and set aside.