KANUBHAI BHAGWANBHAI NAYAK 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 30.09.2011 passed by the learned 9th Additional Sessions Judge, Vadodara in Sessions Case No.101/2010 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.1,000/= and in default of payment of fine, further simple imprisonment for a period of one month. However, the accused was acquitted for the offences punishable under Section 120(B) read with Section 34 of the Indian Penal Code. The accused was given the benefit of set off for the period of sentence undergone by him.

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

(3.) Learned Advocate for the accused Mr. Pratik B. Barot has submitted that the prosecution has miserably failed to prove its case qua the accused inasmuch as both the eye witness, PW9 Shaukatsha at Exhibit 68 and PW11 Kanchanbhai at Exhibit 72 are the chance witnesses and otherwise also, the case is based on circumstantial evidence. Learned Advocate Mr. Pratik B. Barot has taken this Court to the cause of death of the deceased father Narottambhai as opined by the Medical Officer which states that 'probable cause of death due to cerebral compression due to extradural haemorrhage and shock and injury to the vital organ (brain).' whereas the cause of death of the deceased son Harikrishna states that is 'due to head injury'. Therefore, it is submitted that the case of the prosecution is doubtful. Considering the above, it is submitted that the benefit of doubt should be granted to the appellant accused herein and the judgment and order of conviction and sentence of the learned Judge should be upturned by this Court.