DINESHBHAI JAYANTIBHAI TADVI 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 22.11.2010 passed by the learned Sessions Judge, Narmada at Rajpipla in Sessions Case No. 22/2010 whereby the accused was convicted for the offence punishable under Sec. 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 3,000/ - and in default of payment of fine, further simple imprisonment for a period of six months. The accused was acquitted for the offence punishable under Sec. 135 of the Bombay Police Act. The accused was given the benefit of set off for the period undergone in jail.

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

(3.) Learned Advocate for the accused Mr. Umang H. Oza has taken this Court to the evidences led by the complainant as well as other evidences and has submitted that the entire case rests on circumstantial evidence. Learned Advocate for the accused has also taken this Court to the medical evidence which states that the cause of death is on account of 'hemorrhagic shock following multiple injury'. It is further submitted that there were no eye witnesses to the above incident and therefore, the motive qua the accused to commit the murder of the deceased cannot be proved and therefore, 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 converted into Sec. 304 Part II of the Indian Penal Code.