NARSHIBHAI DEVAYATBHAI CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed in Sessions Case No.121/2008 dated 27.01.2010 by the learned Addl. Sessions Judge, Fast Track Court No.3, Bhavnagar at Mahuva whereby, both the appellants, original accused no.1 & 2, have been convicted for the offences punishable u/s.302 r/w. Section 114 of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act. For conviction u/s.302 r/w. Section 114 IPC, both the accused have been sentenced to undergo imprisonment for life and fine of Rs.500/ -each and in default, simple imprisonment for a further period of three months.

(2.) THE facts in brief are as under;

(3.) MR . AD Shah learned counsel for the appellants, original accused, submitted that the prosecution has placed heavy reliance upon the testimonies of complainant, Narharidas Shamaldas Dudhrejiya (PW -2), who is son of deceased and Bhupatbhai Shamjibhai (PW -4), who is the brother of deceased and also Rambhai Arjanbhai Chosla (PW -3), who is an independent witness. However, there are several contradictions and omissions in their evidence, which weakens the prosecution case considerably. He has taken us through the evidence of each of the above witnesses and has submitted that there are material omissions as well as improvements in their evidence in comparison to what has been narrated in the complaint and police statements.