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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J.DESAI, NIRZAR S. DESAI, JJ.
JITENDRAGIRI MAHENDRAGIRI GOSWAMI - Appellant
Versus
STATE OF GUJARAT - Respondent
CRIMINAL APPEAL NO. 431 of 2015
With
CRIMINAL APPEAL NO. 1220 of 2019
With
CRIMINAL APPEAL NO. 496 of 2015
With
CRIMINAL APPEAL NO. 1048 of 2015
With
CRIMINAL APPEAL NO. 1284 of 2015
Decided On : 16-11-2021
Indian Penal Code, 1860 – Section 302,466,467,468,471 and 120-B – Criminal Procedure Code, 1973 – Section 374 – Offence of Murder – Conspiracy - Appeal against conviction – Found dead body - That one disclosed before Police Inspector of Police Station, when he was present at his own home, in afternoon, he was informed by somebody that he has seen a Tavera car near field of one on the road and dead-body of a man is lying therein - He along with his friend went to place where a car was lying and found that face of man was covered with car seat cover and was found having numerous knife blows and they found that deceased was not from their village and therefore, he informed outpost police station of village - Police authority also found sale deed from car wherein value of agricultural land of certain sum and an amount to tune of sum was received by seller - Accordingly, FIR was recorded.
Finding of the Court :
Court also don’t accept case put forward by the appellants’ defense about alibi of all appellants since nothing has come on record through their depositions that at date and time of occurrence of the crime, none of appellants were at some different place - Having heard learned advocates appearing for respective parties and considering overall facts and circumstances of case, court are of opinion that prosecution was successful in establishing entire chain of circumstances, which lead court to believe that there was motive behind crime and all accused have hatched criminal conspiracy and done away the deceased.
Result: Appeals dismissed
JUDGMENT :
A.J.DESAI, J.
1. By way of the captioned appeals by each of the appellants, they have challenged the judgement and order dated 03/02/2015 in Sessions Case No.15 of 2012 (Old Sessions Case No.24 of 2012) by learned 3rd Additional (Ad-hoc) Sessions Judge, Kalol, District: Gandhinagar, by which, they have been convicted and sentenced for the offences punishable under Section 302, 466, 467, 468, 471 and 120-B of the Indian Penal Code. The sentence imposed to each of the appellants, is stated hereinbelow:
The appellant –original accused No.3 – Rajubhai Virkumar Yadav, has been convicted for the offence punishable under Section 302 read with Section 120-B of the Indian Penal Code and sentenced for rigorous life imprisonment and fine of Rs.1,000/- and in default thereof payment of fine, simple imprisonment of one month is awarded. He is also convicted for the offence punishable under Sections 467, 468 & 471 of the Indian Penal Code and sentenced for five years rigorous imprisonment and fine of Rs.2,000/- and in default thereof payment of fine, further simple imprisonment of three months is awarded. He has been acquitted for the offence punishable under Section 379 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
The appellant – original accused No.1 – Dashrathgiri Shankargiri Goswami has been convicted for the offence punishable under Section 302 read with Section 120-B of the Indian Penal Code and sentenced for rigorous life imprisonment and fine of Rs.1,000/- and in default thereof payment of fine, simple imprisonment of one month is awarded. He is also convicted for the offence punishable under Sections 467, 468 & 471 of the Indian Penal Code and sentenced for five years rigorous imprisonment and fine of Rs.2,000/- and in default thereof payment of fine, further simple imprisonment of three months is awarded. He has been acquitted for the offence punishable under Section 379 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
The appellant – original accused No.5 – Rajiv Ramkaran Jatav has been convicted for the offence punishable under Section 302 read with Section 120-B of the Indian Penal Code and sentenced for rigorous life imprisonment and fine of Rs.1,000/- and in default thereof payment of fine, simple imprisonment of one month is awarded. He is also convicted for the offence punishable under Section 25(1)(BA) of the Arms Act and sentenced for one year rigorous imprisonment and fine of Rs.1,000/- and in default thereof payment of fine, further simple imprisonment of one month is awarded. He has been acquitted for the offence punishable under Section 467, 468 & 471 of the Indian Penal Code. He has been acquitted for the offence punishable under Section 379 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
The appellant – original accused No.4 – Rajubhai Kanubhai Patel has been convicted for the offence punishable under Section 302 read with Section 120-B of the Indian Penal Code and sentenced for rigorous life imprisonment and fine of Rs.1,000/- and in default thereof payment of fine, simple imprisonment of one month is awarded. He has been acquitted for the offence punishable under Section 467, 468 & 471 of the Indian Penal Code. He h
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