MAHESHBHAI JESINGBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present group of appeals has been filed by the appellants original accused challenging judgment and order dated 19th November 2001 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 306 of 2000.

(2.) HEARD the learned counsel for the parties. In the present case four accused persons have been convicted by the learned Additional Sessions Judge, Vadodara and they have been imposed sentence as under:-All the appellants accused have been convicted under Section 302 read with Section 114 of IPC and have been ordered to undergo life imprisonment with a fine of of Rs. 10,000/-, in default to further undergo RI for one year. All the appellants accused have been convicted under Section 364 read with Section 114 of the IPC and have been ordered to undergo 10 years' RI with a fine of of Rs. 10,000/-, in default to further undergo SI for one year. All the appellants accused have been convicted under Section 201 read with Section 114 of the IPC and have been ordered to undergo three years' RI.

(3.) THE case rests on circumstantial evidence. There is no direct evident and that the circumstances which are said to be occurring in the case against accused Nos. 2, 3 and 4 are that they are last seen together with the deceased. Against these accused there is no other circumstances indicated by the prosecution except the circumstance that they were last seen with the deceased in a vehicle. Apart from these circumstances, the other circumstances are pressed against accused No. 1, namely, (1) dead body was discovered at his instance, (2) a weapon, a dharia, was recovered at his instance, which has bloodstains of human origin of Group-B, and (3) his clothes were found to be stained with blood.