(1.) BY way of present appeal, the appellants have challenged the judgment and order dated 29.6.2006 passed by learned Sessions Judge, Patan in Sessions Case No.73 of 2005 by which the accused persons were convicted for Section 302 read with Section 34 of Indian Penal Code as well as Section 447 of Indian Penal Code, and sentenced them for life imprisonment and fine of Rs.1,000/ -, and in default S.I. for one month as well as R.I. for one year and fine of Rs.500/ -, and in default S.I. for 15 days.
(2.) THE brief facts of the prosecution case are as under:
(3.) LEARNED advocate Mr.Jay Thakkar appearing for the appellants has taken us through the deposition of about 8 witnesses and has also taken us through the post -mortem notes, serological and FSL reports etc., and submitted that the trial court ought not to have accepted the version of Jayaben widow of Bachabhai, who posed herself as eye -witness to the incident since she is an interested witness because her husband was killed in the incident. It was further argued that the learned Judge ought not to have accepted the testimony of this witness Jayaben, since another witness Arjanbhai Bhikabhai (P.W.5 Exh.43) does not describe the entire incident as alleged by Jayaben in her deposition before the Court. He has further submitted that another witness Ranabhai Manabhai (P.W.6 Exh.44) whom the prosecution has cited as an eye -witness has not supported the case of the prosecution and was declared hostile with the permission of the Court. Therefore, in absence of other eye -witnesses, the learned trial court ought to have discarded the deposition of this witness Jayaben and acquitted the accused persons from the charges levelled against them.