GANESH NATHUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant, original accused, has challenged the judgement and order of conviction and sentence dated 30.8.2007 passed by learned Sessions Judge, Surat, in Sessions Case No. 31 of 2007. The appellant was tried by the trial Court as he was alleged to have committed offence under Section 302 of the Indian Penal Code. He was sentenced to undergo life imprisonment.

(2.) BRIEF facts of the case on which the investigation was set into motion was that on 9.10.2006 at about 19.30 hours when the complainant Narmadaben was cooking food, her brother deceased Balubhai was sitting outside home. At that time, accused Ganesh Nathubhai Vasava came there. He was armed with stick and sickle. He had started beating deceased Balubhai for the reason that he did not share sale proceedings of the property sold with the accused. Deceased Balubhai suffered several injuries and he succumbed to the injuries.

(3.) ALL the witnesses except PW-5 Kaliben Maheshbhai have supported the case of the prosecution. Even panch witness PW-2 Arunkumar has supported panchnama. The prosecution case mainly hinges on over testimony of all eye witnesses. Complainant, Narmadaben, PW-4, has been examined at Exh. 18. She has testified and her complaint has been fully corroborated by her in her ocular version. In her ocular version, she has narrated the story and given the graphic scenario of the way the incident occurred. This has been corroborated by the evidence of Dr. Nrupang Harichandra Kikaganesh, PW-1 at Exh. 7 who had performed the post- mortem. In his evidence, the Doctor has enumerated the following injuries: