TAKHU BHAYA SANKHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Appeal under Section 374 of the Code of Criminal Procedure ("the Code" for short) is to the correctness of the judgment and order dated 18.3.2000 rendered in Sessions Case No. 64 of 1996 by the learned Sessions Judge, Amreli, by which the sole Appellant ("the Accused" for short) has been convicted for commission of the offence punishable under Sections 302 and 504 of the Indian Penal Code ("IPC" for short) and sentenced to suffer imprisonment of life for the offence punishable under Section 302 IPC. No separate sentence is imposed for the offence punishable under Section 504 IPC.

(2.) THE prosecution case as disclosed from FIR and unfolded during trial is as under:

(3.) MR .Chirag Pawar, learned advocate of the Accused, who has appeared by way of legal aid, has contended that the Accused has been falsely ropped in the offence of murder of deceased Nanda. There was no reason for the Accused to commit murder of his near and dear relative. He has also submitted that the deceased and the Accused are relatives and therefore, it cannot be believed that the Accused has committed murder of Nanda. He, therefore, urged that the Appeal filed by the Accused deserves to be allowed by quashing and setting aside the judgment and order of conviction and sentence and thereby acquitting the Accused of the offence with which he was charged. He, therefore, urged to allow this Appeal Per contra Mr. Mukesh Patel, Ld. Assistant Public Prosecutor for the Respondent State of Gujarat has submitted that there is no infirmity or illegality committed by the trial Court in recording the conviction and sentence against the Accused. Therefore, no interference is called for in the impugned judgment and order. He, therefore, urged to dismiss the Appeal by confirming the judgment and order of conviction and sentence recorded against the Accused by the trial Court.