PRAVINSINH JAYENDRASINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No.3, Sabarkantha at Himmatnagar in Sessions Case No.166 of 2008 dated 31.03.2009 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced for life and fine of Rs.25,000/ and in case of default, he was ordered to undergo imprisonment for a further period of one year. Out of the total amount of fine, Rs.15,000/ was ordered to be paid as compensation to the complainant.

(2.) THE facts in brief are that Narendrasinh Kiritsinh Chauhan, the father of Rajeshwariben, who is the complainant herein, was residing in Vadodara and was working as a Tanker driver. The appellant herein, who was earlier working with Narendrasinh on the Tanker, was married to a cousin sister of Vishnuba, the mother of complainant. It is alleged that on 19.07.2008 the appellant came to the house of complainant at around 0900 hrs., in the absence of her father, and picked up a quarrel with her mother alleging that Narendrasinh had borrowed Rs.10,000/ from him and that the same has not been returned for which the complainant had given a complaint before the Police Station.

(3.) MR . AM Dagli learned counsel for the appellant contended that the prosecution has not come out with the true story and has suppressed material facts. He has taken us through the evidence of Rajeshwariben Narendrasinh Chauhan (PW 3), Sanjuben Narendrasinh Chauhan (PW 4) and Narendrasinh Kiritsinh Chauhan (PW 5) and submitted that the conviction recorded by the Court below u/s.302 IPC is erroneous and could not be sustained.