PATEL KANKUKUMAR AMRUTLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused has, by way of this appeal, challenged his conviction and sentence dated 27.07.2011 in Sessions Case No. 38 of 2009 by the 2nd Additional Sessions Judge, Mehsana Camp at Visnagar for offence punishable under Ss. 302 and 498(A) of Indian Penal Code whereby the appellant was sentenced to life imprisonment under Sec. 302 of Indian Penal Code and was also sentenced to rigorous imprisonment for two years and was ordered to pay fine of Rs. 5,000/ -, in default, imprisonment for three months. The sentences were ordered to run concurrently.

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

(3.) Mr. B.C. Dave, learned advocate appearing for the appellant has vehemently contended that the entire case is based on circumstantial evidence in absence of any eye witness. He submitted that important witnesses being P.W 7 - Kunjalben Kansara (Ex. 48) and P.W. 8 - Patel Montukumar Sureshbhai (Ex. 49) have turned hostile and that the other circumstantial evidences against the appellant are too weak to sustain conviction as recorded against the appellant - accused. He submitted that therefore it is in the interest of justice that the appeal may be accepted and the appellant may be acquitted of the charges levelled against him. He submitted that the trial court has not appreciated the facts, evidence and circumstances of the case in its true perspective which has ended in miscarriage of justice. He submitted that the trial court has erred in holding that the prosecution has proved its case beyond reasonable doubt against the present appellant.