RAMUBEN MOHANBHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of common judgement dated 11.02.2008 rendered by the learned Judge of Fast Track Court, Gondal in Sessions Case No. 18 of 2001. By the said judgement, learned Judge was pleased to acquit accused No.1 Mansukhbhai Somabhai Muchhadiya for offence under Section 302 read with Section 114 of IPC. He, however, convicted accused No.2, Ramuben Mohanbhai Harijan for offence under Section 302 of IPC and sentenced her to imprisonment for life and awarded fine of Rs. 10,000/-. Ramuben, the convict has, therefore, filed Criminal Appeal No. 1166 of 2008 challenging her conviction and sentence. The State has filed Criminal Appeal No. 1740 of 2008 challenging the judgement of the Sessions Court acquitting accused No. 1, Mansukhbhai.

(2.) BRIEFLY stated the prosecution story is as under:

(3.) IN support of her contention, counsel relied on the decision of this Court in case of Suresh Narmadashankar Pandya vs. State of Gujarat reported in 2013 (1) G.L.H. 175 in which Division Bench of this Court reversed the conviction recorded by the Trial Court for offences under Section 306 of IPC finding the dying declaration contradictory and unreliable.