SOMABHAI HATHIBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 20.6.2001 rendered in Sessions Case No. 295 of 2000 by the learned Additional Sessions Judge, Panchmahals at Godhra by which the sole appellant/accused ('the accused' for short) has been convicted for commission of the offence of murder punishable under Section 302 of the Indian Penal Code ('IPC' for short) and sentenced to imprisonment for life.

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

(3.) MS . Sadhna Sagar, learned advocate appointed by the Legal Aid Committee for the accused, has fairly conceded that Hariabhai has died a homicidal death. However, according to her, there are contradictions in the evidence of the eye witnesses, therefore, possibility of roping in the accused in the murder case cannot be ruled out. She, therefore, submitted that the impugned judgment and order of conviction and sentence recorded against the accused deserves to be quashed and set aside and the accused may be acquitted of the offence with which he was charged. She, therefore, urged to allow the appeal.