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VIPUL M. PANCHOLI, RAJENDRA M. SAREEN
Narubhai Amarsinh Makwana (Koli Patel) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Vipul M.Pancholi, J.
1. This appeal is directed against the judgment and order dated 09.09.2008 passed by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 107 of 2007 whereby the present appellant - original accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (herein after referred to as 'the IPC') and sentenced to undergo life imprisonment and a fine of Rs.1000/- and in default of payment of fine, to undergo further simple imprisonment for 3 months.
2. The brief story of the prosecution is that on 19.08.2007 between 4:00 a.m. and 5:30 a.m. at village Bhetawada when deceased Savjibhai Amarshibhai was sleeping on the cot in a cattle-shed, the appellant - accused, allegedly keeping grudge of earlier dispute, possessed with arm i.e. Dharia came at the said place and thereafter gave blows on the head and left ear of the deceased. As a result of said injury sustained by the deceased, he succumbed to the injuries. It is, therefore, alleged that the appellant-accused committed an offence alleged against him
The importance of establishing a clear motive and the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
The importance of proving the contents of a panchnama and the circumstances indicating intention to cause death, as outlined in the judgment of Pulicherla Nagaraju @ Nagaraja Reddy vs State of A.P.
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
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