KANDUBHAI VESTABHAI DHANUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict for offence punishable under sections 302 and 504 of the Indian Penal Code and Section 135 of the Bombay Police Act, and is directed against an order of conviction and the consequent sentence dated 29th June 2009 passed by the learned Additional Sessions Judge, Vadodara, Camped at Chhotaudepur in Sessions Case No. 61 of 2008 by which the learned Sessions Judge imposed sentence of life imprisonment and a fine of Rs.10,000/- upon the appellant, with a further direction that out of the amount of fine, Rs.5000/- shall be paid to Rangliben Dhanuk, wife of the deceased Ramsingh Vesta, as compensation.

(2.) THE following charges were framed against the appellant.

(3.) MS. Parikh, the learned advocate appearing on behalf of the appellant, had taken us through the entire depositions and the documentary evidence on record. MS. Parikh contends that in this case, all the witnesses, except the complaint, the Doctor who performed the post mortem examination and the investigating officer, having become hostile, the learned Sessions Judge committed substantial error in convicting the appellant. MS. Parikh contends that none of the witnesses who were examined by the police at the stage of investigation supported the prosecution, as a result, the prosecution declared them hostile, and on the basis of such state of affairs, the prosecution could not prove beyond reasonable that the appellant had committed the crime. According to MS. Parikh, in this case, it is unsafe to rely upon the evidence of the widow of the victim, she being an interested witness, and thus, we should set aside the order of conviction and the consequent sentence by allowing the appeal.