PATEL MUKESHKUMAR SHIVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of a convicted person and is directed against the order of conviction and the consequent sentence dated June 20, 2006, passed by the learned Principal Sessions Judge, Mehsana, in Sessions Case No. 24 of 2006, by which the learned Sessions Judge found the appellant guilty of murder under Section 302 of the Indian Penal Code ["IPC" for short] and sentenced him to undergo life imprisonment and a fine of Rs. 5,000/-. It was stipulated that in default of payment of fine, the accused should suffer imprisonment for further six months.

(2.) The case made out by the prosecution may be summed up thus:-

(3.) Mrs. Rekha Kapadia, the learned advocate appearing on behalf of the appellant, strenuously contended before us that in the absence of any eyewitness to the incident, the learned Sessions Judge committed gross error in finding the appellant guilty merely on the basis of suspicion. Mrs. Kapadia contended that in this case, the prosecution had failed to prove that her client was involved in the offence in any way and simply because the deceased used to cultivate the land of the appellant, such fact could not lead to a conclusion that the deceased was killed by the appellant. Mrs. Kapadia further submitted that there was no justification of believing the complainant and her nephews who were interested in grabbing the property of the accused. Mrs. Kapadia, therefore, prays for setting aside the order of conviction and allowing the appeal.