PRABHATBHAI AATABHAI DABHI 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 26.5.2000 rendered in Sessions Case No. 323 of 1999 by the learned Additional Sessions Judge, Kheda at Nadiad, by which the sole appellant ("the accused" for short) has been convicted for commission of the offence punishable under Sections 302 of the Indian Penal Code ("IPC" for short) and sentenced to suffer imprisonment of life and fine of Rs.1,000/ - i.d., simple imprisonment for three months for the offence punishable under Section 302 IPC.

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

(3.) MS . Farhana Y. Mansuri, learned advocate of the accused, who has appeared by way of legal aid, has contended that the prosecution case is based on extra judicial confession allegedly made by the accused before two witnesses. According to her, extra judicial confession is a very weak piece of evidence and only on the basis of the said piece evidence no conviction can be recorded. She has also emphasized that there was also previous enmity and therefore the probability of accused being falsely ropped in commission of murder of the deceased cannot be ruled out and therefore the accused is entitled to get the benefit of doubt. Therefore, according to her, the impugned judgment and order is against the evidence on record which deserves to be set aside by allowing this appeal and thereby acquitting the accused of the offence with which he was charged. She, therefore, urged to allow the appeal.