HEMANTKUMAR JAYANTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Appeal, the appellant accused has felt aggrieved by the judgment and order of conviction and sentence dated 10.03.2011 passed by the learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Surat, in Sessions Case No.322/2007 whereby the accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and pay a fine of Rs.2,000/- and in default of payment of fine, further simple imprisonment for a period of 10 days.

(2.) The case of the prosecution is as under :-

(3.) Learned Advocate for the accused Mr. Gajendra P. Baghel has taken this Court to the evidences led by the complainant Shantiben as well as other evidences by Bharatiben, Manishaben and Ramilaben and has submitted that all the above were relatives of the deceased and there are no independent witnesses and therefore, the above evidences may not believed by this Court. Learned Advocate Mr. Gajendra P. Baghel has also taken this Court to the medical evidence which states that the cause of death is 'due to shock and haemorrhage on account of multiple injuries'. It is further submitted that the important panch witnesses have turned hostile and have not supported the case of the prosecution and therefore, the case of the prosecution is doubtful.