KATIYABHAI NEVABHAI MEDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal arises out of the judgment and order rendered by Sessions Court, Dahod in Sessions Case No.112 of 2005 on March 17, 2006, convicting present appellant for the offences punishable under Section 302 read with Section 34 and Section 394 of Indian Penal Code and sentencing him to undergo imprisonment for life with a fine of Rs.5,000/, in default to undergo further imprisonment for a period of two years for the first offence, and to undergo R.I. for five years with a fine of Rs.1,000/, in default to undergo further imprisonment for one month for the offence punishable under Section 394 of Indian Penal Code.

(2.) BRIEF facts of the case are that the appellant, in a company of two other unknown absconding persons, allegedly robed one Manulal Jaysinh Labana (first informant) of Rs.9,300/ cash, besides a wrist watch and motorcycle. It is also alleged that, at that time the appellant in company of two others robed Umaben of a silver mangal sutra, gold earing tops and other belongings and cause fatal injury on her head with a stone, which ultimately resulted into her dead on the next day. This episode was occurred on 29.4.2005 at about 15:30 hours in the outskirts of Village Chhakliya.

(3.) WE have examined Record and Proceedings in context of rival submissions. In our view, the whole prosecution case depends on evidence of first informant Manulal Jaysinh Labana, witness Garvarsinh Khusalsinh Labana, who is the husband of deceased Umaben, evidence in form of T.I.Parade and deposition of the Executive Magistrate. The first informant Manulal Jaysinh Labana is examined by the prosecution as Prosecution Witness No.8 at Exh.21. Garvarsinh Khusalsinh Labana is examined as Prosecution Witness No.13 at Exh.35. The FIR is at Exh.22. The T.I.Parade panchnama is at Exh.14 and the Executive Magistrate is examined as Prosecution Witness No.14 at Exh.37.