SURENDRAKUMAR KALLU PRASAD VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by learned 7th Addl. Sessions Judge, Surat in Sessions Case No.252 of 2007 dated 08.04.2009 whereby, the appellant, original accused, has been convicted for the offence u/s.302 of Indian Penal Code (for short, "the IPC") and sentenced to undergo imprisonment for life and fine of Rs.500/ -and in case of default in making payment of fine, the accused was ordered to undergo rigorous imprisonment for a further period of one month.

(2.) ANTECEDENT facts of this case, which require brief mention, are these;

(3.) MR . B C Dave learned counsel for the appellant submitted that the Court below has failed to appreciate the evidence on record in its proper perspective. He submitted that there are several contradictions in the testimony of witnesses and that to on material aspects of the case. There are no eyewitness to the alleged incident and that the appellant has been arraigned merely because he was present in the house at the relevant point of time. In fact, it was the appellant who had taken the deceased to Hospital. He, therefore, submitted that the Court below has seriously erred in convicting the appellant for the crime.