DWARKADAS GEHANMAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-accused after obtaining special leave has filed this criminal appeal challenging the legality and correctness of the judgment and order dated December 6, 1996 passed by the Gujarat High Court whereby the conviction of the appellant for the offences punishable under Secs. 302 and 201, Indian Penal Code has been confirmed.

(2.) The prosecution case as disclosed during the trial is as under :

(3.) At the outset, it may be stated that it is a case of circumstantial evidence and the Courts below relied upon only two circumstances which according to them were proved by the prosecution and both these circumstances are pointer to the guilt of the accused. The two circumstances relief upon by the Courts below were :