BHACHABHAI MAHADEVBHAI AYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant challenges judgment and order rendered by Sessions Court, Patan dated 15/03/2004 in Sessions Case No.613 of 2002 (Old Case No.597 of 2002). The appellant is convicted for the offence of murder of Babubhai Bhayabhai, allegedly committed by him between 12:00 hours of 24/08/2000 to 09:00 hours of 25/08/2000 in the outskirts of Village Madhuma, Tal. Santalpur, Dist: Patan.

(2.) Learned Advocate, Mr.Rasid M Valiulla, for Mr.Tirmizi, for the appellant, submitted that the case of the prosecution depends on circumstantial evidence. The prosecution has not been able to complete the chain of circumstances. The fact that the deceased died a homicidal death has not been proved by the prosecution. While drawing attention towards evidence of Prosecution Witness No.3-Vira Davraj Ayar, he submitted that the appellant is alleged to have invited all the three boys to go with him. If appellant had any intention of committing murder of the deceased, he would have invited only him and not the other boys. Learned Advocate submitted further that the FIR is lodged after four days of the incident, that too, upon action being initiated by Police on basis of anonymous telephone call received by Police. Who made that call is not even investigated upon and the first informant had by then even cremated the deceased. Learned Advocate submitted further that the FSL Report and arrest Panchnama would reveal that the appellant had no injury on his person and that his clothes also did not have any blood marks. As such there is no continuous chain of circumstances, which would connect the appellant with the crime. The trial Court overlooked this aspect and therefore the conviction may be set aside by allowing the appeal.

(3.) Learned APP, Mr.Parikh has opposed this appeal.