RAMSING @ BODO PRATAPBHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge (Presiding Officer, Fast Track Court No.2, Bhavnagar), Camp at Botad in Sessions Case No.216 of 2009 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 IPC and has been sentenced to undergo RI for life. The sentence already undergone by the accused was given setoff.

(2.) The facts in brief are that Kantibhai Ranchhodbhai Patel, the complainant herein, is a resident of Village Lathidad, Taluka Botad and is earning his livelihood from agriculture. The agricultural land of the complainant is situated in the sim of Village Sarvai, where he has constructed a hut for keeping the agricultural tools. The said hut was looked after by Gorjibhai Devjibhai on an understanding that 25% of the total produce would be given to him. Gorjibhai used to stay in the hut along with his elder brother, Abhaysinh and nephewVikram.

(3.) During the trial, the prosecution had examined the following witnesses; <FRM>JUDGEMENT_341_LAWS(GJH)4_2016.htm</FRM>