Judgment

S.P. Kurdukar, J.—The appellant accuesd after obtaining special leave has filed this Criminal Appeal challenging the legality and correct­ness of the judgment and order dated December, 1996 passed by the Gujarat High Court whereby the conviction of the appellant for the offences punishable under Sections 302 and 201 Indian Penal Code has been confirmed.

2. The prosecution case as disclosed during the trial is as under :-

Noorbhai since deceased was working as a Watchman with Allana Mill at Veraval. This mill was closed down some ten years back prior to 1988 and Noorbhai was to look after the property and machinery that was lying at Allana Mill. He was residing inside the compound of Allana Mill. According to the prosecution, Noorbhai on 12.2.88 was on duty from 9.00 A.M. to 12 Noon and from 4.00 P.M. to 7.00 P.M. Usually, Noorbhai used to return from his work at about 7.00 P.M. Since he did not return, Mohd. Hus­sain (P.W. 2) went in search of him and after making enquiries he learnt that Noorbhai had left the mill premises at about 7.00 P.M. Till late in the evening the whereabouts of Noorbhai were not known nor he returned on the following day. Mohd. Hussain (P.W. 2), th