JUDGMENT

Jayant Patel, J.—As all the appeals arise from the common judgment and order of the learned Additional Sessions Judge, they are being considered simultaneously.

2. All the appeals are directed against the judgment and order of the learned Additional Sessions Judge, whereby the accused-appellants have been convicted for the offence under Sections 302, 201, 120B read with 34 of IPC and the sentence has been imposed upon all the accused/appellants for life-imprisonment for the offence under Section 302 of IPC with the fine of Rs.500 and for three years imprisonment with the fine of Rs.500 for the offence under Section 201 of IPC and the sentence is also imposed for six months imprisonment for the offence under Section 120B of IPC.

3. As per the prosecution case deceased Jitubhai @ Maheshbhai had some love affairs with one Alpa, daughter of Vallabhbhai Babubhai Patel and the threats were given to the mother of the deceased Kantaben to the effect that the deceased Jitubhai might not be permitted to meet Alpa. Since 28.7.1997, the deceased did not return to his home and, therefore, upon inquiry his mother found that he was with his friend Gatti @ Hemant and thereafter they had separated and since he was not found, the mother of the deceased had doubt that the brother of Alpa and the brother-in-law of Alpa might have arranged a conspiracy for killing the deceased and the deceased might have been murdered. Therefore, the complaint was filed by the mother of the deceased Kantaben with Aklav Police Station on 16.9.1997. The complaint was investigated and during the course of investigation one of the accused namely; Navinbhai @ Pako Dahyabhai Valand appellant in Criminal Appeal No.266 of 2001 (hereinafter referred to as A1 for the sake of convenience), surrendered to the police by making his declaration for the conspiracy of killing the deceased Jitubhai. It appears that thereafter in further investigation, it was found that in the said conspiracy, accused No.2 appellant of Criminal Appeal No.261 of 2001 and accused No.3 appellant of Criminal Appeal No.300 of 2001 (hereinafter referred to as A2 and A3 respectively for the sake of convenience) and the brother-in-law of A3 Harishbhai (original accused No.4 A4) was also involved. At various occasions the confessional statements were also recorded, including the one recorded before the learned Magistrate, which shall be referred to hereinafter. Thereafter, the charge-sheet was filed against all the accused A1, A2 and A3 as well as Harish @ Harish Nagjibhai Patel.

4. The prosecution, in support of its case, examined the witnesses as well as produced the documentary evidences. The learned Sessions Judge recorded the statements of all the accused under Section 313 of Cr.P.C. However, the pertinent aspect is that pending the trial, as accused No.4 Harish Nagjibhai Patel had expired, the case was abated against him. A1 also examined himself as defence witness and he stood by the story as was stated before the learned Magistrate in his statement under Section 164 of Cr.P.C.

5. So far as A2 and A3 are concerned, they denied the evidence against them, but Al had led the evidence on oath under Section 315 of Cr.P.C. The learned Sessions Judge thereafter heard the matter and found that the prosecution has been able to prove the case beyond reasonable doubt against A1, A2 and A3 and, therefore, convicted all the accused for the offence under Sections 302, 201 and 120B read with Section 34 of IPC, and has imposed sentences as referred to hereinabove. It is under these circumstances, the present appeal before this Court.

6. We may record that the office has reported that A2 is absconding and in normal circumstances, we could have considered the matter otherwise, but it appears that the appeal of A2 is arising from the common judgment and order. Therefore, we have found it proper to consider the merits of appeal of A2 also as his matter could not be segregated. We have also, therefore, heard Gos