RATANSINH DALSUKHBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A child of tender age was stated to have witnessed a ghastly occurrence where two elderly persons lost their lives because of murderous assaults by the appellant. On 28-8-2000 Zaveriben (P.W. 11) informed her father that the two deceased persons were being assaulted by a wooden stick by the appellant. Next day in the morning her father found one of them dead and the other about to breath his last. Information was lodged at the police station and investigation was undertaken; charge-sheet was placed on completion thereof. Accused-appellant was charged for allegedly having committed offence punishable under S. 302 of the Indian Penal Code, 1860 (for short the IPC). He pleaded innocence. The child witness told another child witness (Karansinh, P.W. 22) her brother about what she had seen. Accused-appellant pleaded innocence and false implication.

(2.) Placing reliance on the evidence of the child witness whom the trial Court found to be truthful the accused was convicted for offence punishable under S. 302, I.P.C. and sentenced to undergo imprisonment for life.

(3.) An appeal was carried before the Gujarat High Court which by the impugned judgment confirmed the conviction and sentence imposed by the trial Court.