RAMESHBHAI CHHOTABHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have been found guilty of commission of offence under Section 302 of Indian Penal Code and have been awarded life imprisonment and fine of Rs. 2000/ -, in default, rigorous imprisonment for six months by learned Addl. Sessions Judge, Fast Track Court No. 3, Nadiad vide judgement and order dated 06.12.2008 passed in Sessions Case No. 04 of 2008. The appellants were, however, acquitted for the offence under Sections 143, 149, 504 & 323 of Indian Penal Code.

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

(3.) MR . Hardik Dave, learned advocate appearing for the appellants took us through the oral testimonies of all the witnesses except those who did not support the prosecution. He submitted that the prosecution failed to prove the case against the appellants beyond reasonable doubt. He submitted that there are no eye witnesses in the present case as no one had seen the appellants committing the crime. He submitted that no independent witness has been examined by the prosecution.