CHHANABHAI ARJANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1st March, 1999 passed by the learned Sessions Judge, Rajkot in Sessions Case No. 129 of 1998 whereby, the appellant accused was convicted for the offences punishable u/s. 302 of the Indian Penal Code (for short, "the I.P.C.") and Section 135 of the Bombay Police Act (for short, "the B.P. Act"). For conviction u/s. 302 of the I.P.C., the appellant was sentenced to undergo imprisonment for life. No separate sentence was awarded for conviction u/s. 135 of the B.P. Act. The appellant was given the benefit of set-off.

(2.) The brief facts of the prosecution case are as under;

(3.) The prove the guilt against the appellant, the prosecution had examined in all twenty three witnesses namely, PW 1 Balaji Subramaniam at Exhibit 8, PW 2 Sarojben w/o. Balaji Subramaniam at Exhibit 9, PW 3 Bhanubhai Ramjibhai at Exhibit 10, PW 4 Laxmanbhai Arjanbhai Dangar at Exhibit 11, PW 5 Abbasbhai Saifuddinbhai at Exhibit 12, PW 6 Hamirbhai Shankarbhai Gokani at Exhibit 13, PW 7 Dr. Amrutlal Devjibhai Parmar at Exhibit 17, PW 8 Bhikhabhai Hamirbhai Ramani at Exhibit 24, PW 9 Ashokbhai Ranabhai Varaniya at Exhibit 26, PW 10 Ranabhai Rajabhai Ahir at Exhibit 27, PW 11 Manubhai Harjibhai Rajput at Exhibit 28, PW 12 Rameshchandra Gangadhar Jani at Exhibit 30, PW 13 Dr. Mahendra Chunilal Chavda at Exhibit 35, PW 14 Sitarbhai Hasambhai Pijara at Exhibit 31, PW 15 Ravatbhai Parbatbhai Aahir at Exhibit 38, PW 16 Anilkumar Ramaniklal Raval at Exhibit 40, PW 17 Arjunbhai Dashrathbhai Maratha at Exhibit 43, PW 18 Mansinh Khodubhai Parmar at Exhibit 44, PW 19 Ramjibhai Umarbhai Sumara at Exhibit 48, PW 21 Babubhai Deshadbhai at Exhibit 53, PW 22 Nathabhai Haribhai Rathod at Exhibit 57 and PW 23 Kalekhan Kureshi at Exhibit 60.