NARAN @ NAYA DEVABHAI RANANGA BHARVAD & 1 Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, the appellants convicts have challenged the judgment and order dated 19.12.2005 passed in Sessions Case No.72 of 2004 by which the learned Presiding Officer, Fast Track Court No.7, Jam Khambhaliya, District Jamnagar convicted the appellants and sentenced for R.I. for life for the offences under Section 302 read with Section 114 of Indian Penal Code.

(2.) AS per the prosecution case, the appellants, who are resident of Village Morzar of Taluka Bhanvad attacked the deceased Nagajan @ Nagji Mulubhai on 8.5.2004 at about 11:30 hours with deadly weapons like weeding plough and a large stick and gave several blows to deceased when the deceased was travelling in his bullock -cart. Due to serious injuries sustained by Nagajan Mulubhai, he succumbed to the injuries. Babubhai Nagajan, who is son of the deceased, reached the place of the incident where the deceased informed him that the appellants -accused had beaten him with the said deadly weapons. Accordingly Babubhai lodged a complaint with Bhanvad Police Station. The offence was investigated and a chargesheet was filed in the Court of learned JMFC at Bhanvad, who in turn committed the case in the Court of learned Sessions Judge at Jam Khambhaliya.

(3.) THE judgment of the trial court is assailed by learned advocate Mr.Jayprakash I.Umot for the appellants mainly on the ground that the only eye -witness has not supported the case of prosecution and, therefore, in absence of other such witnesses, the learned Judge ought to have acquitted the accused persons from the charges levelled against them.