MAGANBHAI BINDESHWARI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order rendered by learned City Sessions Judge, Court No.2, Ahmedabad, dated

(2.) 09.2003 in Sessions Case No.121 of 2002, whereby the sole accused, the appellant is convicted for offences punishable under Sections 302, 498A and 294(b) of the Indian Penal Code, 1860 and is sentenced as under:

(3.) LEARNED counsel for the appellant has mainly contended that the case rests on circumstantial evidence, since there is no eye witness to the incident, and there are more than one Dying Declarations and all the Dying Declarations are inconsistent with each other so far the cause of incident and role attributable to the appellant is concerned. In the submission of learned counsel for the appellant, it is also not proved that the appellant was in the house when the offence took place. It is contended that there is also an evidence to the effect that the deceased had committed suicide and when there are two theories, the one which is in favour of the accused, be accepted by the Court.