BHIKHUBHAI RAMBHAI LUGHASHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused No.4 who, by the impugned judgement dated 05.03.2012 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No. 28 of 2009, is convicted for the offences punishable under section 302 read with section 397 of IPC and sentenced to life imprisonment.

(2.) Briefly stated the prosecution version was that four accused including the present appellant in the night of 14.11.2008 at about 11 O'clock, intercepted deceased Mukeshbhai Bachubhai Pandya when he was coming from his oil mill factory where he was working as an accountant, towards his house. The accused gave several blows to Mukeshbhai with hard and blunt substance such as log of wood. The accused knew that Mukeshbhai would be carrying sizeable cash of the oil mill company. The accused robbed him and decamped with his cash as well as the motorcycle. Mukeshbhai died due to such injuries at the hospital. A charge was, therefore, framed under Exh 10 against all the four accused for having committed offences punishable under section 120B as well as under sections 302, 397 and 201 read with section 34 of IPC. The learned Additional Sessions Judge found inadequate evidence against the remaining accused except the present appellant i.e. accused No.4 who was convicted, the rest were acquitted.

(3.) The incident occurred late at night and there were no eyewitnesses. The entire case rests on circumstantial evidence. We may record the gist of evidence.