NARSINHBHAI DAHYABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge Baroda by which he convicted the appellant accused for an offence punishable under sec. 302 1. P. C. and sentenced him to life imprisonment on 30-1-1980 in Sessions Case No. 73 of 1979.

(2.) According to the prosecution there was no direct evidence against the accused and the prosecution relied upon the circumstantial evidence. The admitted facts were that the accused was working as a ward boy in the S. S. G. hospital at Baroda while the wife of the deceased was working as an Aya in that hospital. On the relevant day the wife of the deceased Bai Chanchal was in the hospital admitted for the purpose of delivery and therefore deceased Chimanbhai D. Parmar was alone at his house. Children were for the time being residing at the house of father-in-low of Chimanbhai. Now the circumstances on which the prosecution relied upon are the following circumstances;

(3.) Now these circumstances are required to be considered one by one and we have to see whether the requirement of law in regard to the circumstantial evidence is established or not as held by the Supreme Court in HANUMANT GOVIND NARGUNDKAR AND ANOTHER V. STATE OF MADHYA PRADESH A. I. R. 1952 S. C. 343. In that case it was observed as under: