GOVINDBHAI ATIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant accused has been found guilty of commission of offence under Section 304 of Indian Penal Code and has been awarded rigorous imprisonment for ten years and fine of Rs. 5,000/ -, in default, rigorous imprisonment for two years & six months by learned Sixth Additional Sessions Judge, Surat vide judgement and order dated 13.01.2009 passed in Sessions Case No. 274 of 2007. Challenging the legality and validity of the said judgment and order the accused has preferred Criminal Appeal No. 222 of 2009.

(2.) AS per the prosecution case, one Vajaben (hereinafter referred to as 'the complainant') had filed a complaint with Mangrol Police Station against the accused stating therein that on 19.04.2007 at about 1700 hours, Jalamsinh Vasava (hereinafter referred to as 'the deceased') and the accused quarreled for Vimal Gutkha. During the incident, Natubhai Gulabsinh pacified them and thereafter the accused keeping grudge of the fight, took the deceased with him to his house and intoxicated him by giving him liquor. It is the prosecution case that the accused inflicted axe blows on the forehead of the deceased and thereby committed his murder.

(3.) LEARNED advocate appearing for the accused submitted that the prosecution failed to prove the case against the accused beyond reasonable doubt. He submitted that the presence of the accused at the scene of offence has not been proved beyond reasonable doubt by the prosecution. He submitted that considering the evidence on record the trial court ought to have granted atleast benefit of doubt to the accused if not clean acquittal.