HASAM SUMAR GAMETI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant accused has been found guilty of commission of offence under Sections 302 & 201 of Indian Penal Code by learned Sessions Judge, Junagadh vide judgement and order dated 20.12.2005 passed in Sessions Case No. 118 of 1999. The appellant has been awarded imprisonment for life and fine of Rs. 1,000/ -, in default, simple imprisonment for three months under section 302 of Indian Penal Code and rigorous imprisonment for five years and fine of Rs. 1,000/ -, in default, simple imprisonment for three months under section 201 of Indian Penal Code.

(2.) THE accused is the brother of the deceased Sabira. As per the prosecution case, on 31.05.1999, at around 0230 hours the accused inflicted injuries by way of dhariya upon the neck of deceased in their house thereby causing her death and buried the dead body in the premises of the house and thereafter on the next day at night he dug the dead body out, sealed it in a jute bag and threw the same in a well of Jhanjharda village after tying it with a stone.

(3.) MR . Pravin Gondaliya, learned advocate appearing for the appellant accused contended that the entire case of the prosecution is based on circumstantial evidence and that the chain of circumstances is not completed in the present case and therefore the appellant ought not to have been convicted by the trial court merely on the basis of circumstantial evidence.