RAMESHBHAI DALPATBHAI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed in Sessions Case No.15/2010 dated 15.07.2010 by the learned Sessions Judge, Banaskantha at Palanpur whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and has been sentenced to undergo imprisonment for life and fine of Rs.1000/ - and in case of default, rigorous imprisonment for a further period of two months. The sentence already undergone by accused was given as set -off.

(2.) THE facts in brief are as under;

(3.) MR . G.B. Baghel learned counsel for the appellant submitted that the entire prosecution story is doubtful since the medical evidence on record proves that deceased was neither in a physical nor mental condition to give her dying declaration, which has been treated as the basis of prosecution case.