RANJITSINH CHANDRASINH ATODARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under S. 379 of the Criminal P.C. read with 5. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Ranjitsinh Chandrasinh Atodaria, original accused No. I is the appellant before us. He along with three others was tried for offences punishable under Ss. 302 and 302 read with S. 114 IPC. The trial Court acquitted all of them. The State preferred an appeal and the High Court confirmed the acquittal of A-2 to A-4 but convicted the appellant under S. 302 IPC and sentenced him to undergo imprisonment for life for the offence of committing the murder of Jitendrasinh the deceased in the case. The material facts are as follows:

(2.) The prosecution mainly relied on the evidence of PW-2 who was no other than the brother of the deceased as well as of the appellant. PW-3 was another witness who spoke about the presence of PW-2. PW-3, however, did not actually witness the occurrence. The learned trial Judge held that PW-2 was an interested witness and an independent corroboration is necessary and also pointed out some discrepancies regarding the actual time of occurrence. The learned trial Judge felt hesitant to place the conviction on the basis of the evidence of PW-2 and accordingly acquitted all the accused. The High Court, however, held that PW-2's presence at the scene of the occurrence cannot be doubted inasmuch as he was also injured and that his evidence is trustworthy and the Court need not insist on any corroboration. Since appellant alone was attributed to the overt act which resulted in the death, the High Court convicted him under S. 302 I.P.C.

(3.) In this appeal the learned counsel for the appellant submits that the prosecution case rests mainly on the evidence of sole eyewitness, PW-2. His evidence should be wholly reliable and in the instant case in view of the discrepancies PW-2's evidence cannot be made as the sole basis and the injury found on him was also superficial one and it could have been self-inflicted as opined by the doctor.