KESHUBHAI DANABHAI PADAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal has been preferred against the judgment and order of conviction and sentence dated 31st May 2008 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.33 of 1999, whereby the present appellant -convict is punished for the offence punishable under Section 302 of the Indian Penal Code and also under Section 135 of the Bombay Police Act, for Life Imprisonment and a fine of Rs.1,000/ - is imposed and in case of default, further simple imprisonment of six months has been imposed.

(2.) IF the case of prosecution is unfolded, the facts of the present case in nutshell are as under :

(3.) WE have heard the learned counsel appearing on behalf of the appellant who has mainly submitted that the prosecution has failed to prove the offence beyond reasonable doubt against the appellant. There are enough number of omissions, contradictions and improvements in the depositions of the prosecution witnesses. This aspect of the matter has not been properly appreciated by the trial Court and hence, the judgment and order of conviction and sentence deserves to be quashed and set aside.