PRABHATBHAI RUMALBHAI PAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under section 389 of the Code of Criminal Procedure, 1908, the applicant seeks suspension of the execution of order of sentence dated 3.7.2018 passed by the learned Second Additional Sessions Judge, Godhra, District Panchmahals in Sessions Case No.80 of 2015, whereby the applicant has been, inter alia, sentenced to undergo life imprisonment for the offence under section 302 of the Indian Penal Code.

(2.) The prosecution case is that the applicant herein and the co-accused Amratben, wife of Sardarbhai Jetabhai Khant, who was apprehended earlier, both together, on 17.9.2002, while going from Shahera to Khatakpur village, at about 22:00 hours in the limits of Mouje Bhadrala village, as Amratben, wife of deceased Sardarbhai Jetabhai Khant, had illicit relations with the applicant herein, the applicant and the co-accused Amratben together inflicted blows with a stick on the head of the deceased with a view to show that the death was an accidental one, threw the dead body of the deceased in the lake of Bhadrala village and in this manner, destroyed the evidence. In connection therewith, a first information report came to be registered vide Shahera Police Station I - C.R. No.110/2002 for the offences punishable under sections 302 , 201 and 34 of the Indian Penal Code.

(3.) In this case, insofar as the co-accused Amratben is concerned, she has been convicted for the offence punishable under section 302 and section 201 , IPC and her conviction has been confirmed. The applicant herein was absconding at the relevant time and therefore, when he was apprehended after more than twelve years, the trial was conducted and the applicant has been convicted and sentenced for the offence under section 302 read with section 34 and section 201 read with section 34 of the Indian Penal Code.