NAGRISING @ NAGRIBHAI GUJLABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred by the appellants against the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, Vadodara, Camp at Chhota -udepur dated 19th May,2000 in Sessions Case No.53 of 1998, whereby the present appellants have been convicted mainly for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code for life imprisonment and to pay a fine of Rs.1,000/ - each, in case of default, further rigorous imprisonment for one year has been awarded.

(2.) IF the case of the prosecution is unfolded, the brief facts of the present case, are as under:

(3.) LEARNED counsel for the appellants mainly submitted that so called eye -witnesses namely P.W.Nos.3, 4 and 5 are got up witnesses and they were not present at the scene of offence and, therefore, their evidences ought to be discarded. Learned counsel for the appellants submitted that prosecution has failed to establish any motive. The prosecution has not brought on record the correct incident. There are lot of omissions and contradictions in the depositions of the eye -witnesses. This aspect of the matter has not been properly appreciated by the Trial Court and, therefore, judgement and order of conviction and sentence deserves to be quashed and set aside.