ANUGRAHDAS @ CHOTE BALESHWARDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the Addl. Sessions Judge, Fast Track Court No.1, Khambhaliya in Sessions Case No. 125 of 2005 dated 30.09.2006 whereby, the appellants, original accused no.1 & 2, were convicted for the offences punishable u/s.302, 392 r/w. Section 34 of Indian Penal Code (for short, "the IPC") and Section 201 IPC. For conviction u/s.302 IPC r/w. Section 34 IPC, the appellants were sentenced to undergo imprisonment for life. Whereas, for conviction u/s.201 IPC, they were sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/ and in case of default in making payment of fine, they were ordered to undergo simple imprisonment for further period of three months. And, for conviction u/s.392 r/w. Section 34 IPC, the accused were sentenced to undergo rigorous imprisonment for seven years with fine of Rs.1000/ and in case of default in making payment of fine, they were ordered to undergo simple imprisonment for further period of six months.

(2.) ANTECEDENT facts of this case, which require brief mention, are these;

(3.) MR . Mrudul Barot learned counsel appearing on behalf of both the appellants submitted that there is no cogent evidence on record connecting the appellants with the crime in question. He submitted that there are no eye witness to the alleged incident and that the prosecution case entirely rests upon circumstantial evidence. The prosecution has failed to prove the chain of circumstances leading to the guilt of the appellants. He, therefore, submitted that the impugned judgment and order of conviction deserves to be quashed and set aside and the appellants deserve to be acquitted of all the charges.