DINESHBHAI BHAIJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals are filed against the judgment and order passed by the Ld. Additional Sessions Judge, Fast Track Court No. 3, Bharuch, in Sessions Case No. 114 of 2000 dated 3/1/2003, whereby he convicted both the accused - appellants as under:

(2.) IT is alleged that in the intervening night of 2nd and 3rd October, 1999, the accused No. 1 - Dineshbhai [appellant of Criminal Appeal No. 232/2003] was engaged at the house of the deceased for doing masonry work. On that night, the deceased was found missing and on next morning, search was made to trace out his whereabouts. Thereafter, on 8/10/1999 the application was filed before the police. On 11/10/1999 complaint was filed by brother of the deceased against accused persons for doing away with the deceased. Ultimately on 28/10/1999 the case was registered and investigation proceeded. After the investigation was over, the police filed charge -sheet.

(3.) AT the trial, the evidence was produced against accused persons. Main evidence against accused No. 1 is that of Maniben Mangabhai PW 5, who is one of the workers. She says that they continued to work upto 12 -00 in the night and at that point of time she was escorted by the accused No. 1 to the railway crossing. So according to this witness, accused No. 1 was in and around the house upto 12 -00 in the night and thereafter, she was escorted by him upto railway crossing. PW 8 Bhupendrasinh says that when he woke up and went to serve fodder to his cattle at about 1.30 to 2.00 at night, he saw the accused No. 1 digging some soil at the place of work. Apart from these two witnesses, there is another labour, who says that deceased was at the house and they were working until evening. Except these three witnesses, there is no other witnesses who state any incriminating evidence against the appellant accused No. 1.