RAMCHANDJI BHAVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR . Ashish Dagli, learned advocate appearing for the appellants submitted that appellant no. 2 - accused no. 2 Dhukhadji Bhavaji Thakor expired on 07.09.2011 and a death certificate to that effect has been produced on record. This appeal therefore abates qua appellant no. 2 accused no. 2. Appeal, therefore stands disposed of qua appellant no. 2 - accused no. 2 Dhukhadji Bhavaji Thakor as having been abated. The appeal is accordingly heard qua conviction and sentence of appellant no. 1 accused no. 1 Ramchandji Bhavaji Thakor.

(2.) PRESENT appeal is preferred by the original accused no. 1 (hereinafter referred to as appellant - accused) against the judgement and order of conviction and sentence dated passed by the Additional Sessions Judge, Deesa in Sessions Case No. 149 of 2007 whereby the appeallant - accused was ordered to undergo life imprisonment and was ordered to pay fine of Rs. 1,000/ - in default to further undergo simple imprisonment for one month for offence under section 302 r/w 34 of Indian Penal Code. The appellant - accused was also ordered to pay fine of Rs. 100/ -, in default, to undergo simple imprisonment for one week for offence punishable under section 135 of B.P. Act. The accused was given benefit to set off.

(3.) MR . Ashish M. Dagli, learned advocate appearing for the appellants submitted that the impugned judgement and order of conviction is bad and without appreciating the evidence produced on record. He submitted that the panch witnesses have been declared as hostile and that the prosecution has not examined any independent witness in support of the case. He submitted that the prosecution relied upon only two witnesses who have been considered eye witnesses, however, both these witnesses are the relatives of the deceased.