ABDULBHAI @ ABUL KARIMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellantoriginal accused Abdulbhai @ Abul Karimbhai was convicted and sentenced to life imprisonment amongst other sentences for the offences punishable under Sections 302, 307 and 201 of Indian Penal Code ( for short "IPC") by the impugned judgment and order dated 11.10.2006 passed in Sessions Case No.52 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.2, Amreli. The appellant is therefore before this Court questioning the said impugned judgment and order.

(2.) THE prosecution case was totally based upon circumstantial evidence. We are therefore inclined to keep in view the principles laid down in the decision of Hon'ble Supreme Court in State of Goa Vs. Sanjay Thakran and another [ (2007) 3 SCC 755, particularly para 13 which reads as under:

(3.) ADMITTEDLY , after 7:00 p.m. on 19.2.2006 there was no evidence of accused having been seen with the deceased between the said time and 2:50 p.m. on the next day i.e. 20.2.2006 when the dead body of the deceased was located in a pond with half of lower part dipped into water.