VALKUBHAI LAKHUBHAI ZAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is filed against the conviction dated 13.1.2011 passed by learned Additional Sessions Judge & Fast Track Court No. 2 at Junagadh in Sessions Case No. 87 of 1998 wherein the appellant is directed to undergo the sentence for rigorous imprisonment for life and fine of Rs. 1000/ - and in default of the same, further simple imprisonment for one month for the offence punishable under Section 302 of Indian Penal Code.

(2.) THE case of the prosecution in brief is as under:

(3.) FURTHER , while convicting the appellant, the learned Judge has relied on the evidence of interested witnesses and they happen to be very close relatives of the deceased and in absence of examination of independent witness, case of the prosecution remained in an arena of suspicion and such suspicion or doubt howsoever strong may be, by itself would not lead to the guilt of the accused.