ABIDBHAI JIVABHAI GADHWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant by present appeal challenges the judgment and order rendered by Sessions Court, Rajkot in Sessions Case No. 5 of 2004 rendered on 24.1.2005. The Sessions Court convicted him for the offence of murder of Ilmuddin Rahimbhai Bhorania allegedly caused between 16-00 hours of 11.8.2003 and 18-30 hours of 12.8.2003 near Jadeshwar temple area of Vankaner, and sentencing him to undergo imprisonment for life with fine of Rs. 5,000/-. The trial Court also ordered the appellant to pay compensation of Rs. 25,000/- to the heirs of the deceased, and, in the event the appellant not paying the same, to recover the same as revenue dues.

(2.) The facts of the case, in brief, can be stated thus:

(3.) Learned advocate Mr Ramakrishnan submitted that there is no direct ocular evidence to connect the accused-appellant with the crime. The circumstantial evidence do not form a complete chain of circumstances to connect him with the crime. In the first instance, he submitted that there is no evidence to show that the deceased took food 4 to 6 hours prior to the alleged time of his death and there is positive evidence that he took food about 10 hours prior to the alleged time of the incident. The prosecution has, therefore, failed to prove the time of death beyond reasonable doubt. Mr Ramakrishnan submitted further that the incident is alleged to have occurred in close proximity of a temple where there was a fair and a large number of people were moving around. It is impossible that such a heinous act would go unnoticed. Mr. Ramakrishnan submitted further that even after the incident, the dead body has remained unnoticed for about 26 hours, which is also not probable. The body had started stinking and there were already maggots and, therefore, it would have been noticed if it was lying there for a long time. Another important submission that was raised by Mr. Ramakrishnan is that as per the prosecution case, the deceased was strangulated with the help of clutch wire of a motor-cycle. The wire was wrapped around the neck and then pulled with force. This would certainly have caused some resistance and force, resulting into some injury on the fingers or palm of the accused, whereas no such injury is found on the person of the accused. Mr. Ramakrishnan submitted further that the investigating agency has not made any inquiry in the direction of the friend from Morbi of the deceased with whom he had allegedly left.