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GUJARAT HIGH COURT
K.S. Jhaveri, K.J. Thaker, JJ
RAGHNATHBHAI PREMABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. establishment of murder charge through circumstantial evidence. (Para 1 , 2) |
| 2. court’s reasoning in confirming conviction. (Para 3 , 11) |
| 3. contentions from the appellant and responses from the prosecution. (Para 6 , 7) |
| 4. evaluation of evidence and prior conduct. (Para 8 , 9 , 10 , 12 , 13) |
| 5. conclusive judgment and appeal result. (Para 14) |
JUDGEMENT
(PER : HONOURABLE MR.JUSTICE K.J.THAKER)
1. The appellant-ori. Accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure , against the judgment and order of conviction and sentence dated 30.3.2007 passed by the learned Addl. Sessions Judge, 2nd Fast Track Court, Deesa, Banaskantha in Sessions Case No.
19/2003, whereby, the learned trial Judge has convicted the appellant for the offence under sec. 302 of IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 5000/-, in default, to further undergo S/I for two months.
The appellant is also convicted for the offence under section 201 of IPC and sentenced to undergo S/I for ten years and to pay a fine of Rs. 500/-, in default, to undergo further S/I for one month, which is impugned in this appeal.
2.1 The case of the prosecut
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