BHIKHIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has been found guilty of commission of offence under Section 302 of Indian Penal Code and has been awarded life imprisonment and fine of Rs. 2000/ -, in default, rigorous imprisonment for one year by learned Third Addl. Sessions Judge, Veraval vide judgement and order dated 13.11.2006 passed in Sessions Case No. 10 of 2006. The appellant was, however, acquitted for the offence under Section 504 of Indian Penal Code.

(2.) THE gist of the prosecution story is mentioned hereinbelow: -

(3.) MR . Praful J. Bhatt, learned advocate appearing for the appellant submitted that the prosecution failed to prove the case against the appellant beyond reasonable doubt. He submitted that there are no eye witnesses in the present case and that the witnesses are hear -say witnesses. He submitted that no independent witness has been examined.