ISHVARBHAI FULJIBHAI PATNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellant alongwith three others was tried by the learned Sessions Judge at Ahmedabad and found guilty of an offence under Section 302 IPC. He was sentenced to suffer imprisonment for life. The appellant was also found guilty of an offence under Section 135 of the Bombay Police Act but no separate sentence was pronounced for the said offence. The appellant filed the first appeal against his conviction and sentence before the High Court. By its judgment dated 14th December, 1993, the High Court dismissed the appeal filed by the appellant holding inter-alia that the trial court had rightly separated the case of the appellant from the case of the rest of the accused who had been acquitted and that his conviction and sentence did not require interference. Aggrieved, the appellant is before us through this appeal.

(3.) We have gone through the judgment of the High Court dated 14th December, 1993 and are pained to note that after narrating the prosecution case, the only discussion for the purpose of disposal of the appeal is contained in paragraph of the judgment which reads thus: