LAWS(GJH)-2013-7-629

ASHOKBHAI @ BHIMABHAI BADHARBHAI VASAVA Vs. STATE OF GUJARAT

Decided On July 03, 2013
Ashokbhai @ Bhimabhai Badharbhai Vasava Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE convict -appellant before us is challenging his conviction under sections 302 and 201 of Indian Penal Code wherein he has been sentenced to undergo life imprisonment and ordered to pay fine of Rs. 1000/ -, in default, simple imprisonment for one year and rigorous imprisonment for three years and fine of Rs. 500/ -, in default, simple imprisonment for six months. The learned Additional Sessions Judge, Fast Track Court No. 1, Bharuch passed the said sentence of conviction on 22.03.2007 in Sessions Case No. 60 of 2006.

(2.) NECESSARY facts as per the case of the prosecution can be stated at the very outset.

(3.) MS . Nisha Parikh, learned advocate appearing for the appellant submitted that this is a case of no evidence and that the circumstantial chain is not completed. She submitted that the trial court has failed to appreciate the fact that the accused was arrested after around one and half years as he was socially boycotted by the villagers and not permitted to enter the village. However, no such evidence to prove his alibi has been brought on record.