- (1.) Both these appeals have been preferred against the judgment and order dated 4.5.2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.278 of 2002, by which it has affirmed the judgment and order passed by the Sessions Court dated 14.12.2001 in Sessions Case No.24 of 2001 in which the appellants got convicted under Section 302 read with Section 114 of the Indian Penal Code, 1860 (hereinafter called "IPC") and sentenced to life imprisonment with a fine of Rs.1000/- each.
(2.) Facts and circumstances giving rise to these appeals are :- (a) That Shri Bharat Rajendraprasad Trivedi (PW.1) lodged the complaint on 21.9.2000 that the complainant, deceased along with both the appellants had gone to see the land in their two cars. The complainant (PW.1) and deceased were in one car, while appellant No.1 in another car being driven by the appellant No.2. Thereafter, they came back and decided to meet the owner of the land Smt. Jadaavben Ambalal Parmar (PW.3). Thereafter, at about 2.30 p.m. when they were coming back in their respective cars, both the appellants asked the deceased and complainant to stop their car. Both the appellants got down from the car with swords and started giving indiscriminate blows to Moiyuddin Shaikh, deceased, when the complainant and deceased had come out from their cars after receiving signal given by the appellants. The complainant got scared and started running away. He was chased by the appellant Rameshbhai Ramlal Kahar. (b) The complainant Bharat Rajendraprasad Trivedi informed the brother of the deceased on telephone about the incident and also filed the complaint with Vadodara Taluka Police Station vide C.R. No.94 of 2000. The police reached the place of incident and recovered the dead body. The dead body was sent for post-mortem in S.S.G. Hospital Vadodara. According to the post-mortem report, a total of 33 injuries had been caused on the body of the deceased. In the opinion of the Doctor, the cause of death was shock and haemorrhage following multiple incised wounds. (c) The Investigating Officer had been searching for the appellants. Both the appellants/accused were arrested on 3.10.2000 while they were travelling in the Car No.GJ-6 JJ- 2408 on the highway. The car was checked and in the dicky of the car blood stained clothes were found. Blood stained swords were also recovered on the disclosure statements of the appellants. One of the swords was not having the handle. (d) After conclusion of the investigation, the police submitted the charge-sheet and the matter was committed to the Sessions Court, Vadodara. After conclusion of the trial, the Sessions Court vide judgment and order dated 14.12.2001 convicted the appellants under Section 302 read with Section 114 IPC and both of them have been sentenced to life imprisonment with a fine of Rs.1,000/- each.
(3.) Being aggrieved, both the appellants preferred appeal before the High Court which has been dismissed vide impugned judgment and order dated 4.5.2009. Hence, these appeals.;