MAHESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment and having been ordered to pay fine of Rs. 5000/- in default to undergo simple imprisonment for one month for the offence under section 302 of Indian Penal Code and having been sentenced to undergo rigorous imprisonment for ten years and having been ordered to pay fine of Rs. 500/- in default simple imprisonment for one month by impugned judgement and order dated 28.03.2007 passed by the Additional Sessions Judge, FTC, Deesa in Sessions Case No. 92 of 2006, the appellant, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) The case of the prosecution as emanating from the records is as under:

(3.) Mr. P.K. Shukla, learned advocate appearing for the appellant, submitted that there is nothing on record to establish that the accused is involved in this case except the complaint. 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 contended that there are no eye witnesses to the alleged incident and that the trial court has wrongly based conviction on the basis of available ocular and documentary evidence. He submitted that the medical evidence does not corroborate the case of the prosecution.