HITESHBHAI GORDHANBHAI LADVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred under Section 374 of the Criminal Procedure Code by the convict against judgment and order of conviction and sentence dated 12.03.2014 by Additional Sessions Judge, Junagadh in Sessions Case No.79 of 2011. By the aforementioned judgment, the Sessions Court had recorded conviction of the appellant for offence under Section 302 read with Section 364 of the Indian Penal Code and sentenced the appellant for rigorous imprisonment for life and fine of Rs.2,000/-, both under Section 302 and 364.

(2.) Facts are as under:-

(3.) Learned Advocate for the appellant challenges the conviction on the ground that there was no sufficient evidence to maintain the conviction and that the impugned judgment and order is based on presumptions, assumptions and surmises. It is submitted that the appellant and the deceased were neighbours and friends and that there was no animosity between them for which the appellant would have committed the offence.