JASHWANTBHAI LAXMANBHAI PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is convicted for the offence of murder of Govindbhai Puransingh committed by him on 9.4.2004 at about 22-30 hours on platform No.1 of Kosamba railway station. He is sentenced to undergo imprisonment for life by judgment and order dated 3.2.2005 rendered in Sessions Case No.80 of 2004 by Sessions Court, Surat.

(2.) The prosecution case is that deceased Govindbhai used to stay on platform No.2 of the railway station with his wife. On the eventful day, the deceased and the appellant had a quarrel over sharing of liquor, and in that quarrel, the appellant inflicted two knife blows to the deceased, which resulted into his death. As per the prosecution case, the incident was seen by Shantaben, wife of the deceased, and one Chimanbhai. Shantaben rushed to the place immediately and chased the appellant and handed him over to the police. The FIR was lodged by Rameshbhai Lallubhai, on the basis of which, offence was registered, investigated and charge-sheet filed. The trial Court framed charge against the accused at Exh.8, to which he pleaded not guilty and claimed to be tried. The trial Court believing the evidence, convicted the appellant and hence this appeal.

(3.) Ms Mehta for the appellant submitted that the prosecution witnesses, except Shantaben, the Doctor and the police officers, have not supported the prosecution case. The discovery of weapon is not properly proved as panchas have not supported the case. Eye-witness Chiman also does not support the prosecution case. The evidence of Shantaben suffers from the vice of being interested witness. She could not have seen the incident as she claims to have done and, therefore, the trial Court committed an error in recording conviction. The judgment of the trial Court, therefore, may be set aside by allowing the appeal and the appellant may be acquitted.