DEVDAS @ PRAVIN KISHANBHAI KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and order of the learned Additional Sessions Judge, Court No. 13, Ahmedabad City, Dated : 28th February, 2006, rendered in Sessions Case No. 158 of 2004, whereby, the learned Additional Sessions Judge convicted the original accused, the appellant, herein, for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to rigorous imprisonment for life and to pay fine of Rs.5000/- and in default to undergo further rigorous imprisonment for three months.

(2.) THE brief facts of the case put forward by the prosecution before the trial Court are as under;

(3.) BABUJI Hiraji, P.W.-1, was examined at Exhibit-6. This witness in his examination-in- chief stated that he do not know either the accused, Devdas @ Parvin Kishanlal, or the deceased, Jagdish Chhogaji Prajapati. This witness, further, stated that he does not know as to how Jagdish Chhogaji Prajapati had expired. This witnesses specifically stated that he has not seen the incident of murder with his own eyes.