ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE K.J.THAKER)

1. The appellants-ori. Accused have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 16.4.2008 passed by the learned Special Judge (Atrocity), Himatnagar, camp at Idar in Special Case (Atrocity) No. 13/2007, whereby, the learned trial Judge has convicted the appellants- ori. Accused under sec. 302 read with sec. 34 of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1500/-each, in default, to undergo further S/I for one year. They are also convicted under section 201 of IPC and sentenced to undergo S/I for five years and to pay a fine of Rs. 500/-each, in default, to undergo further S/I for six months, which is impugned in this appeal.

2.1 The case of the prosecution is that appellants no. 1 and 3 keeping a doubt in their mind that Kamlesh had illicit relation with their lover witness Gitaben, and therefore, on 21.12.2006, the appellants no. 1 and 3 have taken the Kamlesh to Idar, Vadali and Khedbrahmma in the jeep of appellant no. 1 bearing registration no. GJ-2-AC-2015 at 11.00 am, and near the ‘garnala’ of