DHANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused was inter alia sentenced to undergo life imprisonment and was directed to pay fine of Rs. 500/ -, in default, to undergo simple imprisonment for one month for offence punishable under Sec. 302 of Indian Penal Code by impugned judgment and order dated 28.06.2011 in Sessions Case No. 55 of 2008 by the Additional Sessions Judge, Gondal. The appellant was further directed to undergo rigorous imprisonment for five years and fine of Rs. 500/ - in default simple imprisonment for one month under Sec. 326 of Indian Penal Code and further to undergo rigorous imprisonment for two years and fine of Rs. 100/ - in default to undergo simple imprisonment for 15 days under Sec. 452 of Indian Penal Code.

(2.) The brief matrix of the prosecution case as disclosed during the trial is that on 25.12.2007 at about 1530 hours one Sagardanbhai whose field is situated adjacent to the field of his father in the sim of Kalambhadi village telephoned him and informed him that somebody had beaten his father Jivabhai and brother Sureshbhai and asked him to come immediately with a vehicle. Hence, the complainant and his brother in law reached at Vadi and found the dead body of deceased lying on the cot in the room in a bloodied condition and that there were wounds on hand, chest, thigh, temple, left hand and back of his father. On inquiry, the complainant was informed that original accused persons came there at around 1500 hours and asked to give proof as to why his wife had consumed insecticide and that all the three persons got excited and inflicted blows with knife on Sureshbhai and Jivabhai.

(3.) Ms. Rekha Kapadia, learned advocate appearing for the appellant submitted that the prosecution has not examined any independent witness. She submitted that the prosecution witnesses are related to the deceased and therefore the trial court ought not to have based conviction on the basis of such related and interested witness. She submitted that the complainant has not supported the case of the prosecution and has been declared hostile.