KHODABHAI BABUBHAI GOHEL Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present appeal, original accused has challenged the judgment and order dated 6th January, 2005, passed by the learned Joint District & Sessions Judge, Fast Track Court No.6, Nadiad, in Sessions Case No.112 of 2004, by which the appellant has been convicted and is sentenced for imprisonment of life for the offence under Section of the Indian Penal Code as well as sentenced for rigorous imprisonment for three years and fine of Rs. 250/ -, in default, to undergo, simple imprisonment for one month for the offence under Section - of the Indian Penal Code. Both the aforesaid sentences are ordered to run concurrently. Brief facts emerges from the prosecution case are as under:

(2.) AT the end of the trial, the Trial Court found that the prosecution was successful in proving its case against the accused for the offences for which the accused was charged and convicted and sentenced him for the offences, as stated, here -in -above. Hence this Appeal.

(3.) ON the other hand, learned APP Mr. Neeraj Soni has supported the findings of the Trial Court in arriving at the conclusion that the accused -appellant was the only person, who had committed the crime. He has further submitted that since the offence took place near the house of the accused where the deceased was residing with him, an inference can be drawn that the accused - appellant had committed the offence. In support of his contention, he has relied upon the serological report of the Forensic Since Laboratory.