DILIPBHAI NATHALAL MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Court No.18, Ahmedabad City, in Sessions Case No.284/2006 dated 31.07.2007, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offence punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs. 5,000/, in default of payment of fine, the appellant shall undergo further sentence of simple imprisonment for six months.

(2.) A complaint was filed by the deceased Nirmalaben @ Nuruben wife of Natvarbhai Dahyabhai on 11.8.2005 in the Vadilal Hospital, Ahmedabad, interalia alleging that her marriage took place with one Natvarbhai Dahyabhai and her husband died before four years of the date of incident and out of her wedlock she has two daughters and her daughters are residing with her fatherinlaw and motherinlaw.

(3.) LEARNED counsel for the appellant contended that the deceased had died after six days of the date of incident in question and accused had spent huge amount on her treatment. He further contended that here is a discrepancy regarding place of incident. He also contended that since there is no eye witness to the incident in question and no direct evidence is available against the accused, benefit of doubt should be given to the accused. He also submitted that the Panch witness, P.W.4 has subsequently turned hostile. He, therefore, submitted that the impugned judgment and order passed by the trial court is required to be quashed and set aside.