MAHESHBHAI DHANJIBHAI PARMAR 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 4.7.2001 rendered in Sessions Case No. 101 of 1999 by the learned Additional Sessions Judge, Bharuch, by which the sole Appellant ("the Accused" for short) has been convicted for commission of the offence punishable under Section 302 of the Indian Penal Code ("IPC" for short) and sentenced to suffer imprisonment for life and fine of Rs.5000/ - in default of payment of fine to undergo further RI for 3 years.

(2.) THE prosecution case as disclosed from FIR, which is in the nature of dying declaration and the dying declaration recorded by the Executive Magistrate, and unfolded during trial is as under:

(3.) MR . J.N.Buddhbhatti, learned advocate of the Accused has submitted that the case of the prosecution is based on two DDs as well as four eye witnesses. However, looking to the burn injuries, it is doubtful whether deceased was physically and mentally fit to give the DDs. It was not possible for her to give the DD, therefore, she was unfit to give the DD. So far as eyewitnesses are concerned, they are the family members of deceased Jashodaben and they dislike the Accused as the Accused wanted to marry their mother Jashodaben, therefore possibility of falsely ropping the Accused in the murder of Jashodaben cannot be ruled out, therefore, no reliance can be placed on the oral testimony of those eyewitnesses. He, therefore, submitted that both the DDs are got up with a view to falsely rope the Accused in the offence of murder. He, therefore urged that the impugned judgment and order suffers from non -appreciation of evidence in its proper perspective, the same therefore, deserves to be quashed and set aside by allowing this Appeal and thereby acquitting the Accused of the offence with which he was charged.