NARANBHAI RANCHHODBHAI BHALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 26.12.2007 passed by the learned Addl. Sessions Judge and Presiding Officer, Fast Track Court No. 1, Amreli, Camp at Rajula in Sessions Case No. 65 of 2006 whereby, the appellant, original accused, has been convicted for the offence punishable u/s. 302 IPC and has been sentenced to undergo imprisonment for life and fine of Rs. 5000/- and in default, RI for a further period of one year.

(2.) The complainant herein, Monghiben, wf/o. Kikabhai Arjanbhai Shiyal, was residing along with her family in Village Visaliya, Taluka Rajula and her family was earning their livelihood by doing agriculture and labour work. It is the prosecution case that Poonabhai, who happens to be the youngest amongst the seven brothers of Kikabhai, had love affair with the daughter of Naranbhai Ranchhodbhai and had married her, which was to the dislike of Naranbhai. In connection with the said incident, complaint was also filed against Kikabhai before about two years prior to the alleged incident. The complainant and her family were residing in the agricultural field of the appellant herein by sharing the produce from the field with him.

(3.) During the trial, the prosecution had examined the following witnesses;