RAMANBHAI CHHITUBHAI BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed against the judgement and order dated 29. 10. 2002 passed by the learned Joint District Judge and Additional Sessions Judge, Second Fast Track Court, Panchmahal, Dahod, in Sessions Case No. 338 of 2001. The learned trial Judge by the aforesaid judgement convicted the accused under Sections 302/34 and under Section 394 of the Indian Penal Code and sentenced them to life imprisonment and rigorous imprisonment for five years and fine of Rs. 1,000/-, in default simple imprisonment for one month respectively.

(2.) THE incident took place on 2. 8. 2001. Thereafter, the accused were arrested. Investigation was carried out. Chargesheet was filed. The case was committed to trial. The learned trial Judge after hearing the parties, convicted and sentenced the accused as aforesaid.

(3.) ACCORDING to the learned counsel for the appellants the only evidence is to the effect that the accused were seen going through the field by Jawabhai Nannubhai Bhabhor PW-2. Except that the accused persons were seen going through the field which is a place near the scene of occurrence, there is no evidence on record to incriminate the accused persons. Except the one evidence of Jawabhai Nannubhai Bhabhor PW-2, there is no evidence pointed out by the prosecution to sustain the conviction as recorded by the trial Court. In absence of any incriminating circumstances as pointed out by the prosecution, the conviction cannot be sustained. In view of the evidence of PW-2 which is of no consequence to assist the prosecution to sustain the conviction, we are persuaded to hold that the conviction as recorded by the trial Court under Sections 302/34 and 394 of the Indian Penal Code is unsustainable.