RANCHHODBHAI NARANBHAI PATEL 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 08.10.2010 passed by the Sessions Judge, Patan in Sessions Case No. 04 of 2010 whereby the appellantconvict has been convicted of the offence under sections 302 & 397 of Indian Penal Code and is inter alia sentenced to life imprisonment and is ordered to pay fine of Rs. 1000/-, in default, simple imprisonment for ten days for offence under section 302 of Indian Penal Code whereas he has been sentenced to undergo rigorous imprisonment for seven years and is ordered to pay fine of Rs. 1000/-, in default, simple imprisonment for ten days for offence under section 397 of Indian Penal Code. The appellant-convict is acquitted of the offence under section 201 of Indian Penal Code.

(2.) It is the case of the prosecution that the deceased Ishwarbhai Rabari was found lying dead near Mahijibapa ni madhi. It is the case of the prosecution that the complainant lodged a complaint in this regard and mentioned therein that one Vaghri Bhikhiben who worked at the place of the deceased came to the house of the complainant that dead body of the deceased was lying near the Madhi. It is further the case of the complainant that he was informed by Bhikhiben that the deceased had gone out of the house at around 08.00 pm and had not returned till morning and that when the said Bhikhiben went out to graze cattle, she found the dead body lying at the place.

(3.) Mr. Tejas Barot, learned advocate appearing for the appellant-convict submitted that the trial court has not appreciated the facts, evidence and circumstances of the case in its true perspective which has ended in miscarriage of justice. He submitted that the trial court has erred in holding that the prosecution has proved its case beyond reasonable doubt against the present appellant.