ANTARIYABHAI BHANGDABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused namely, Antariyabhai Bhangdabhai Rathva was charged with offence under Section 302 of Indian Penal Code and section 135 of Bombay Police Act. The accused was found to be guilty of the offence with which he was charged by the Additional Sessions Judge & Fourth Fast Track Judge, Fast Track Court, Chhota Udaipur vide its judgment dated 06.08.2004 passed in Sessions Case No. 15 of 2003 and was awarded life imprisonment and was ordered to pay fine of Rs. 2000/-, in default, rigorous imprisonment for two months for the offence under Section 302 IPC. For the offence under Section 135 of B.P. Act, no separate punishment has been imposed. The appellant, being aggrieved and dissatisfied, by the said judgement and order of conviction dated 06.08.2004 has preferred this appeal.

(2.) The facts leading to the present appeal are as follows:-

(3.) Mr. Harnish Darji, learned advocate for the accused-appellant submitted that the prosecution has failed to prove the case against the present accused-appellant beyond reasonable doubt. He has contended that the two alleged eye witnesses examined by the prosecution are interested witnesses and they have wrongly involved the appellant in the offence. He submitted that even their presence at the scene of offence is doubtful. He further submitted that no independent witnesses have been examined by the prosecution though they were available.