HARIJAN MAGHA JESHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Section 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act the appellant has been convicted under Section 302 and sentenced to imprisonment for life. The appellant was tried by the learned Sessions Judge who acquitted the accused of the charges framed against him. The State then filed an appeal before the High Court against the order of acquittal which was successful and the High Court reversed the order of acquittal and convicted the appellant as indicated above. A re'sume' of the prosecution case has been given in the judgment of the High Court and it is not necessary for us to repeat the same over again.

(2.) The entire conviction of the appellant is founded on the testimony of witness P. W. 1 Megha. The trial Court after considering the evidence of this witness completely disbelieved him and expressed doubts regarding his presence at the spot mainly on the following grounds:-