ARVIND DHANIRAM KAREDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 26.02.2010 passed in Sessions Case No.02/2009 by the learned Addl. Sessions Judge and Presiding Officer, Fast Track Court No.3, Morbi whereby, the appellant, original accused, has been convicted for the offences punishable u/s.302 and 397 of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act. For conviction u/s.302 IPC, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.5000/ - and in case of default, RI for a further period of six months. For conviction u/s.397 IPC, the appellant has been sentenced to undergo RI for seven years and fine of Rs.3000/ - and in case of default, RI for a further period of three months. Whereas, for conviction u/s.135 BP Act, the appellant has been sentenced to undergo RI for three months. All the sentences were ordered to run concurrently. The sentence already undergone by accused was given as set -off.

(2.) THE facts in brief are as under; The complainant is a resident of Village Jamuva, Taluka Lahar, District Bhid, Madhya Pradesh and is doing labour work at Koradiya Ceramic. The appellant herein is also a native of the State of Madhya Pradesh. It is alleged that on 23.10.2009 that Ramanand, brother of complainant, was to visit his native and therefore, had borrowed a sum of Rs.35,000/ - from the owner of factory. It is further alleged that while the complaint was on duty, the appellant came to his place and informed him that while he and Ramanand were sleeping in their house, four unknown individuals forcibly entered the house and assaulted him and Ramanand. However, the appellant escaped from the house. On hearing the same, the complainant rushed to the house along with one Sunderbhai. When they reached the house, they noticed the dead body of deceased lying on the floor in a pool of blood.

(3.) DR . Rajesh Jethalal Patel 17