HITESHBHAI @ CHUCHO MOHANBHAI RANDERIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under section 374 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 15.01.2007 passed by the Presiding Officer, Fast Track Court, Surat in Sessions Case No. 85 of 2006 whereby the accused-appellant has been convicted of the offence under section 302 of Indian Penal Code and is inter alia sentenced to life imprisonment and is ordered to pay fine of Rs. 1000/-.

(2.) It is the case of the prosecution that on 21.09.2005, a complaint was lodged by brother of the deceased that at around 10.45 pm when he was sitting on the sit-out (otla), a boy from his street came running to him and informed him that someone had assaulted the victim- Ishwarbhai and that considerable amount of blood was oozing out of his neck and other parts of the body and that the victim was lying on the road. Hearing this the complainant, his sister-in-law and other neighbours from the street rushed to the scene of offence which was near Taskend Hotel, Rander, Surat where other people had already gathered. It is the say of the complainant that he saw his elder brother Ishwarbhai lying in a pool of blood and therefore immediately with the help of people around he took the victim to a hospital in an autorickshaw.

(3.) Mr. Buddhbhatti, learned advocate appearing for the accused - appellant submitted that there are many lacunae in the prosecution case and that there is no cogent and convincing fact on record to connect the accused-appellant with the alleged offence. He submitted that in the present case the appellant has been convicted only on the basis of oral dying declaration.