SUBHASH BABALDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY charge dated 07/05/2003 at Exh.3 framed by the learned Additional Sessions Judge, Court No.7, Ahmedabad City, the appellant was charged with an offence punishable under Section 302 of the Indian Penal Code (for short IPC) and was inter alia sentenced to life imprisonment after having found the appellant guilty of the said offence in Sessions Case No.95 of 2003 by the impugned judgment and order dated 28/04/2004. The appellant is, therefore, before this court in appeal questioning the impugned judgment and order.

(2.) TO establish its case, the prosecution led documentary as well as oral evidence on record of the Court below. The case of the prosecution was totally based upon the circumstantial evidence, in absence of eyewitness.

(3.) AS per deposition of PW No.5Viththalbhai Babaldas Pate, elder brother of the accused, examined at Exh.15, the deceased and the appellant had relations of sister and brother though not by blood.