ORAL JUDGMENT

(PER : HONOURABLE DR. JUSTICE A. P. THAKER)

1. Both these appeals have been preferred by the accused against the judgment of conviction and sentence dated 18th June, 2013 passed by the learned 2nd Additional Sessions Judge, Panchmahals @ Godhra in Sessions Case No.200 of 2010, whereby, both the accused came to be convicted under Sections 302 read with Sections 120B and 114 and Section 201 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with Sections 120B and 114 of the IPC with fine of Rs.500/- and in default thereof, RI for six months and to undergo RI for two years and fine of Rs.200/- and in default thereof, RI for two months for the offence punishable under Section 201 of IPC.

2. It is the case of the prosecution that there was a love affair between Sejalben (accused - appellant of Criminal Appeal No.1484 of 2013) and deceased Pinakin Patel and the deceased had told her to marry him. It is further the case of the prosecution that as there were differences, the deceased had deserted Sejalben. It is further the case that thereafter Sejalben had love relationship with other accused Jayendra Bachubhai Damor (accused - appellant of Criminal Appeal No.76 of 2014). Despite that, the deceased used to harass Sejalben on phone. It is the specific case of the prosecution that both the accused have hatched a conspiracy to kill the deceased Pinakin. That Sejal, on 07.09.2010, called the deceased Pinakin on his mobile and called him from Vadodara and as per pre-planned, they came to Pavagadh by bus. Accused Jayendra had also gone to Pavagadh in bus.

2.1. It is further the case of the prosecution that Sejalben and deceased Pinakin stayed together in Room No.101 of Champaner Hotel, whereas, accused Jayendrakumar had stayed in Room No.206 of the same Hotel. That, as part of the conspiracy, Sejal had, on 07.09.2010 in the noon hours, sent Pinakin out of the room for some work and called accused Jayendra in the room where the said Jayendra hide himself.

2.2. That when Pinakin had returned to the room at about 6:00 p.m. in the evening, the accused Sejal, with an intention to kill the deceased, inflicted blows of hammer on his head and caught hold both of his hands. At that time, accused Jayendra has also inflicted 4 to 5 blows of hammer and made the deceased drink some poisonous liquid. It is further the case of the prosecution that Sejal, believing the deceased to be alive, wrapped around his neck, her duppata and then both the accused pulled the edges and thereby suffocated him which resulted into the death of Pinakin.

2.3. That as the key of room No.101 had not been returned on 08.09.2010, PW-10 viz. Padamsinh Darjansinh Rana informed the Manager of the hotel viz. Mr Harisinh Gambhirsinh Barad. That thereafter, P.W-10 along with the complainant - Manager, Nagrajbhai, Hirabhai Motibhai Patel, Rameshbhai Mangalbhai Solanki and Ramabhai Bhimabhai Tadvi went to room No.101 and tried to open the door with duplicate key. As the lock could not be opened, the lock was broken and upon opening the door, they saw the dead body of the deceased with black colour duppata wrapped around his neck.

2.4. Thereafter, the Manager of the hotel viz. Mr.Harisinh Gambhirsinh Barad lodged the complaint before Pavagadh Police Station on 08.09.2010, which is registered as C.R.No. I-57 of 2010 under Sections 302, 201, 120B and 114 of the IPC. On registration of the FIR, the investigation was carried out and accused were arrested and after due investigation, a charge-sheet came to be filed before learned JMFC, Halol on 14.12.2010.

3. The learned JMFC, after verifying that the accused have received copy of police papers and as the case was exclusively triable by the Sessions Court, has committed the same to the Sessions Court, Panchmahals @ Godhra where it was registered as Sessions Case No.200 of 2010.

4. The learned Sessions Court has framed the charge at Exh.2 against b