THAKOR SEDHAJI RAVAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in these two criminal appeals is to the correctness of the judgment and order dated 10.2.2000 rendered in Sessions Case No. 35 of 1999 by the learned Additional Sessions Judge, Mehsana by which Thakor Sendhaji Ravaji, appellant of Criminal Appeal No.216 of 2000 ('A -1' for short) has been convicted for the offences punishable under Section 302/34 and Section 201 of the Indian Penal Code ('IPC' for short) and sentenced to imprisonment for life and fine of Rs.3,000/ - i.d., imprisonment for one year for the offence under Section 302 read with Section 34 IPC and rigorous imprisonment for two years and fine of Rs.1,000/ - i.d., imprisonment for six months for the offence under Section 201 IPC whereas Thakor Jugiben, wife of Thakor Sendhaji Ravaji, respondent of Criminal Appeal No.283 of 2000 ('A -2' for short) has been acquitted of the offences with which she was charged, by giving benefit of doubt.

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

(3.) MS . Sadhna Sagar, learned advocate appointed by Free Legal Aid Committee for A -1 who is the appellant in Criminal Appeal No.216 of 2000, has submitted that there is no eye witness to the incident. The prosecution case is based entirely on circumstantial evidence. The prosecution has failed to prove the motive for committing the crime. The prosecution has failed to prove enmity between the accused and deceased Babubhai. Even the circumstances relied upon by the prosecution are not sufficient to prove the guilt of A -1 beyond reasonable doubt. This is a case of 'no evidence' and the prosecution has not been able to establish the chain of circumstances to connect A -1 with the crime.