LALVO @ SANJAYBHAI BALUBHAI PAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of two convicts for the offence punishable under section 302 of the Indian Penal Code read with section 34 of the Indian Penal Code and is directed against the order of conviction and the consequent sentence dated 27th August 2008 passed by the learned 4th Court of Additional Sessions Judge, Vadodara, in Sessions Case No. 170 of 2007 thereby holding the accused No.1 guilty of the offence punishable under section 302 and the accused No.2 guilty of the offence punishable under section 302 of the Indian Penal Code read with section 34 of the Indian Penal Code and sentencing them to suffer life imprisonment and to pay a fine of Rs.1000/ - each with a further stipulation that in default of payment of the fine, the accused persons would undergo simple imprisonment for a further period of seven days.

(2.) THE translated version of the charges framed against the accused persons are quoted below:

(3.) MR . Dave, the learned advocate appearing on behalf of the appellants, has taken us through the entire deposition of the prosecution witnesses and has pointed out that in this case, the learned Sessions Judge himself has disbelieved the evidence given by the panch witnesses and came to the conclusion that the recovery of the muddamal article was not proved. Mr. Dave further points out that even no blood was found from the wearing apparel of the appellants but in spite of such fact, the learned Sessions Judge solely relied upon the evidence given by the father and the mother of the victim and convicted the appellants. According to Mr. Dave, even the evidence given by these two witnesses cannot be believed in view of glaring inconsistencies, and, at the same time, they were interested witnesses. Mr. Dave contends that in this case, the accused persons being neighbours, due to animosity towards them, they have been indicted in the offence. Mr. Dave contends that no reasonable individual having regard to section 3 of the Evidence Act would consider the evidence given by the prosecution to be sufficient for convicting the accused persons. He, therefore, prays for setting aside the order of conviction and the consequent sentence.