SITYABHAI RAMUBHAI KUNWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT -Original accused No.1 has challenged the judgement dated 29.05.2010 rendered by the learned Additional Sessions Judge, Valsad in Sessions Case No. 35 of 2009. The appellant, alongwith ten other persons, was charged with offences punishable under Sections 302, 120 -B, 143, 147, 148, 201 read with Section 34 of IPC and Section 135 of the Bombay Police Act. By the impugned judgement, the learned Trial Judge acquitted all the accused except the present appellant. He was convicted for offence under Sections 302 and 201 of IPC. For murder, he was sentenced to imprisonment for life. For offence under Section 201, he was sentenced to seven years. Substantive sentences were ordered to run concurrently. He was also ordered to pay fines. It is this judgement of conviction and sentence that the appellant has challenged in this appeal. We may notice that there is no State appeal against acquittal of the remaining accused pending before the Court. In other words, either such appeal was not filed or not entertained.

(2.) BRIEFLY stated the prosecution version was as under:

(3.) WE may first refer to the eyewitnesses.