MADEVA NARSHA HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is arising out of the impugned judgment and order dated 22.1.2001 rendered by the learned Addl. Sessions Judge, Banaskantha at Deesa in Sessions Case No. 134 of 1999. The appellant herein came to be convicted for the offence punishable under Section 302 of Indian Penal Code (for short 'IPC') and sentenced to suffer life imprisonment and fine of Rs. 1,000, in default, further S/I of six months.

(2.) THE facts of the prosecution case are as under:

(3.) COMPLAINANT Hansabhai Galabhai, Harijan, aged 30, residing at Samarvada, Taluka. Dhanera and doing agricultural work. He has constructed one room at concessional rate in a plot under Sardar Patel Residential Scheme at the outskirt of village Samarvada. His brother has also constructed one room at his costs adjoining to his room. Out of these two rooms, the room of his brother Popat was empty. The brother of complainant is residing with his father in the village. The present appellant -accused of village Ashia was residing in the room of complainant and was doing masonry work in their village. So, the complainant has given his room for residing to the present appellant since last two months. The appellant and his wife both were staying in the room of complainant. The complainant along with his wife were residing in the front of the room (Osari). The present appellant has no issue. The maternal place of present appellant is the village of complainant and the appellant is the nephew of the family of complainant.