JAYESHKUMAR PARSHOTTAMDAS VALAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Does the fortune smile at. the appellant-accused? The fate of the conviction appeal is inevitably founded upon our extensive assessment of the facts and intensive appraisal of our legal survey of evidence on record.

(2.) Shortly and simply stated, the facts of prosecution case have been that the appellant and the wife of deceased accused No. 2 Manjula Patel had illicit intimacy and relationship and deceased Dinubhai was pushed back from behind by accused No. 1 as a result of which, deceased Dinubhai fell in the well while he was taking water from the said well on 28.3.1989 between 3 and 3.30 early morning (a.m.). The incident occurred in a field situated at village Vayad in district Sabarkantha.

(3.) The informant Kantilal S. Patel, the uncle's son of the deceased had informed the police and pursuant to the information given by him, initially the police recorded incidental death being Case No. 5/89 under Sec. 174 of the Code of Criminal Procedure, 1973. Upon investigation, it was found that there was a case of murder. There was also a motive for commission of the offence. Therefore, an offence came to bed registered under Sec. 302 read with Sec. 34 of the I.P. Code against the appellant accused No. 1 and the wife of the deceased Manjula, being original accused No. 2 who came to be acquitted by the Trial Court.