LAWS(SC)-1993-3-20

KATHI RAMKU ALIGBHAI Vs. STATE OF GUJARAT

Decided On March 24, 1993
KATHI RAMKU ALIGBHAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) - Heard learned counsel.

(2.) This is an appeal under Section 379, Cr.P.C. read with Section 2 of Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. The appellant - sole accused in this case was tried for offence punishable under Section 302, Indian Penal Code for causing the murder of Vashram Mughji - the deceased in the case. The prosecution relied on the three eye-witnesses PWs 2, 3 and 10. The trial court pointing out some discrepancies in their evidence acquitted the appellant. The State preferred an appeal and the High Court having examined the evidence of each of the witnesses came to the conclusion that the reasons given by the trial court are wholly unsound for rejecting their evidence and accordingly allowed the appeal and convicted the appellant. The prosecution case is as follows: -

(3.) In this case, the three eye-witnesses have given consistent version which find place in the earliest report which was given within a very short time. At any rate, there are no indications whatsoever about false implication. Having carefully gone through the evidence of the three eye-witnesses, we agree with the High Court that the reasonings of the learned Sessions Judge are wholly unsound and the view taken by him is equally unreasonable. The only view possible is the one that has been taken by the High Court. There are no merits in this appeal. The appeal is dismissed accordingly. The appellant who is on bail shall surrender and serve out the sentence.