CHAMANJI SAMAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1154 of 2011 is preferred by the appellant -original accused No. 1 against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Deesa in Sessions Case No. 101 of 2008 on 01/07/2011, whereby org. accused No. 1 was convicted for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 10,000/ -, in default, to undergo sixty days simple imprisonment, with a benefit of set off.

(2.) The prosecution case in nutshell is that, on 30/04/2008 at about 03:00 O'clock at the sim of Village Tervada, org. accused No. 2 -wife of deceased, having love affair with org. accused No. 1, by way of hatching a conspiracy with original accused No. 1 to kill her husband and as a part thereof, both the accused persons committed murder of deceased by strangulating the deceased with motorcycle wire.

(3.) Learned Counsel Mr. N.P. Chaudhary, appearing for the appellant -original accused No. 1 has contended that there is nothing on record to show that the appellant has committed murder of the deceased. He has contended that insofar as the evidence of the complainant and other witnesses are concerned, nowhere it has been found that the appellant had committed murder of the deceased. He has contended that the appellant has wrongly been roped into the offence.