NARANBHAI HIRABHAI MOCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been preferred against the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, Sabarkantha, Himmatnagar, Camp at Modasa vide order dated 14th February,1996 in Sessions Case No.11 of 1995, whereby the present appellant has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and to pay a fine of Rs.500/ -, in default, to undergo further simple imprisonment of one month. The appellant has also been convicted for an offence punishable under Section 404 of the Indian Penal Code, but, no separate sentence has been awarded for this offence. Against this order, the present appeal has been preferred.

(2.) BRIEF facts of the prosecution case, are as under:

(3.) IT is the case of the prosecution that Suraji Bapuji had seen the deceased and the appellant together, at evening hours on 21st October,1994. The case of the prosecution is based upon circumstance last seen together. Thereafter, dead body of the deceased was found. There is no eye -witness to the incident. The whole case is based upon circumstantial evidence. Investigation was carried out and charge -sheet was filed. Sessions Case was registered against the appellant. The appellant has been convicted on the basis of circumstantial evidence and sentence of life imprisonment has been awarded by the Trial Court. Against this order, the present appeal has been preferred by the appellant.