NAVINBHAI NATHUBHAI NAYAKA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Criminal Procedure Code ("the Code" for short) is to the correctness of the judgment and order dated 11.10.2000 rendered in Sessions Case No. 39 of 1999 by the learned Additional Sessions Judge, Valsad at Navsari by which the sole Appellant ("the Accused" for short) has been convicted for the offence punishable under Section 302 of the Indian Penal Code ('IPC' for short) and sentenced to imprisonment for life and fine of Rs.2000/ - i.d., further SI for two years.

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

(3.) MS . Rekha Kapadia, learned advocate appointed by Free Legal Aid Committee for the Accused, has submitted that there is no eye witness to the incident. The prosecution has failed to prove the motive for committing the crime. The prosecution has failed to prove the fanciful relations between deceased Kalavatiben and the Accused. The panch witnesses of the discovery panchnama of the weapon scythe as well as the clothes worn by the Accused, have not supported the prosecution case, therefore, the prosecution could not prove the discovery panchnama. In sum and substance, according to her, this is a case of 'no evidence' and the prosecution has not been able to establish the chain of circumstances to connect the Accused with the crime.