RAMJI MOTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) TWO persons lost their lives in the same manner at the hands of same person on 14.09.2004, in the outskirt of village Madhupura (Antarnesh). Naranbhai Hajabhai Thakore and his son Narsinhbhai Naranbhai were slain by the appellant with the help of a dharia at about 17.00 hours, on account of a land dispute. The incident was not seen by any one. However, the appellant was seen in the proximity of the place and time of the incident with bloodstained dharia in his hand by a witness, who, in turn, informed Jagabhai Jesangbhai, first informant. The said witness also claims to have heard an altercation between the accused and the deceased. On the basis of the information given by Jagabhai Jesangbhai (PW.2), offence was registered and investigated by Varahi Police Station. On having found sufficient material during the course of investigation, the police filed charge sheet in the Court of learned J.M.F.C.Radhanpur, who, in turn, committed the case to the Court of Sessions, Patan, where it was registered as Sessions Case No. 3/2005. Charge was framed against the appellant at Exh.2 for the offence punishable under Section 302 of the Indian Penal Code [?IPC? for short]. The accused-appellant pleaded not guilty to the charge and claimed to be tried.

(2.) WE have heard learned advocate Mr.Goswami for the appellant and learned A.P.P. Mr.Pandya for the State.

(3.) WE have examined the record and proceedings in the context of rival submissions.