KESHUPURI @ NAGLO MOHANPURI GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is preferred by the original accused-appellant herein against the judgement and order of conviction and sentence dated 22.02.2006 passed by the Additional Sessions Judge, Fast Track Court No.2, Jamnagar in Sessions Case No. 76 of 2005, whereby the original accused was ordered to undergo life imprisonment for the offence under section 302 of the Indian Penal Code, with a direction to give him set off for the period during which the accused was in jail.

(2.) BRIEF facts of the case are as under:-

(3.) MRS . Rekha Kapadia, learned advocate for the appellant has submitted that there is a false investigation in as much as the prime witnesses viz. sister-in-law of the deceased, brother-in-law of the deceased and the children who are said to have been present at the scene of offence, have not been examined. Even the alibi pleaded by the accused in the statement under section 313 of the Criminal Procedure Code was not properly considered by the trial court that he is innocent and a false case is lodged against him. She further submitted that the deceased had demanded 10 vigas of land which the appellant refused to give and therefore, in his absence, the deceased had committed suicide.