GABABHAI MAHIJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The convict-appellant before us is challenging his conviction under section 302 of Indian Penal Code wherein he has been sentenced to undergo life imprisonment and ordered to pay fine of Rs. 1000/-, in default, simple imprisonment for six months. The learned Third Joint District Judge, Nadiad at Kheda passed the said sentence of conviction on 04.10.2000 in Sessions Case No. 121 of 2000.

(2.) Necessary facts as per the case of the prosecution can be stated at the very outset.

(3.) Mr. Nanavati, learned advocate appearing for the appellant submitted that there is nothing on record to establish that the accused was involved in this case except the complaint and the evidence of related witnesses. He submitted that in absence of any eye witness in the present case, the trial court has erred in convicting the appellant on the basis of circumstantial evidence when the chain has not been completed by the prosecution. He submitted that the appellant deserves to be granted benefit of doubt as there is no clear evidence against him.