(1.) Present appeal is preferred by the appellant-original accused No. 1 against the judgment and order of conviction and sentence dated 24.01.2008 passed by the Additional Sessions Judge, Fast Track Court, Dahod in Sessions Case No. 56 of 2007 for the offences punishable under sections 302 of Indian Penal Code. The accused No. 1 was ordered to undergo imprisonment for life & was ordered to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months for offence under section 302 of Indian Penal Code. The accused No. 1 was further ordered to undergo imprisonment for one year and to pay fine of Rs. 500/- in default to undergo rigorous imprisonment for one month for offence under section 201 of Indian Penal Code.
(2.) The case of the prosecution is that one Gautambhai Parghi lodged an FIR on 15.01.2007 that his elder brother Varjibhai is missing since the evening of 101.2007. That on 101.2007, the appellant-accused had come to the deceased and requested him to accompany him till on the way to his home. Since then the deceased was not seen. Thereafter on 15.01.2007, at about 10.00 Hrs an information was received by the informant of a dead body lying near Mahudi. When the informant approached to that side, he found the deceased dead.
(3.) Mr. M.A. Kharadi, learned advocate appearing for the appellant has contended that the prosecution has failed to prove the case against the accused beyond reasonable doubt. He submitted that there is no eye witness to the present incident and that the case is based on circumstantial evidence. He submitted that in fact the appellant is wrongly roped in the present offence.