FIROZ IKBAL RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused nos. 1 and 2 have preferred these appeals challenging the judgment and order dated 19.8.1992 passed in Sessions case No. 95 of 1990 by the learned Sessions Judge, Panchamahals at Godhra, convicting them for the offences punishable under sections 302 and 201 of the IPC. The accused no.2 was also convicted for the offence under section 404 of the IPC. For the offence under section 302 of the IPC, both the accused were sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 1000.00, in default, to undergo further Rigorous Imprisonment for a period of six months and for the offence under section 201 of the IPC, the accused were sentenced to suffer R.I. for three years and to pay a fine of Rs.500.00, in default, to undergo further R.I. for three months. For offence under section 404 of the IPC, the accused no.2 was sentenced to suffer R.I. for one year and to pay a fine of Rs. 500.00, in default, to undergo further R.I. for three months. All the sentences were ordered to run concurrently. Both the appeals are heard together and are conveniently disposed of by this common judgment.

(2.) The prosecution case which is quite interesting can be briefly stated as under:-

(3.) The charge at Ex. 2 was read over to the accused. Both the accused pleaded not guilty to the charge and claimed to be tried. The defence of the accused was of total denial. The learned Sessions Judge, at the end of the trial, after appreciating the evidence on record, was of the view that the prosecution has successfully established the charge levelled against the accused and hence by the impugned judgment and order, convicted both the accused and imposed the sentence as stated in the first para of the judgment. 13.7.1999: