BHUPATJI SARTAJJI JABRAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Delay condoned.

(2.) The petitioner herein along with a co-accused was put to trial in Sessions Case No 30 of 2018 for the offence of murder punishable under Sec. 302 of the Indian Penal Code. Pending trial, the petitioner was on bail. Upon conclusion of the trial, the trial court held the petitioner guilty of the offence and sentenced him to undergo life imprisonment. However, the co-accused came to be acquitted.

(3.) It appears that the conviction is based on the evidence of a solitary eye witness. The petitioner preferred Criminal Appeal No 1816 of 2023 in the High Court, challenging the judgment and order of conviction passed by the trial court. The appeal has been admitted. The petitioner also preferred criminal miscellaneous application under Sec. 389 of the Code of Criminal Procedure seeking suspension of the substantive order of sentence of life imprisonment. The High Court declined to suspend the substantive order of sentence of life imprisonment by way of the impugned order.