PRADIPBHAI DHULABHAI PAGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed under Section 389 of the Code of Criminal Procedure, 1973, by the applicant - appellant - Pradipbhai Dhulabhai Pagi, seeking suspension of sentence imposed upon him pending Criminal Appeal No.142 of 2020 arising out of the judgement and order dated 07.09.2019 passed by the learned Additional District and Sessions Judge, Mahisagar at Lunawada in Sessions Case Nos.44 and 45 of 2017, by which the applicant has been convicted for the offences punishable under sections 395, 397, 307, 412 and 120B of the Indian Penal Code, 1860, section 135 of the Gujarat Police Act, 1951 and section 25(1)(AA) of the Arms Act, 1959 and has been sentenced for life.

(2.) The appeal came to be admitted by the oral order dated 03.02.2020.

(3.) Learned advocate Mr.Hardik A.Dave for the applicant has also produced the relevant documents in form of depositions of witnesses showing the details of use of mobiles by different accused, including the applicant. Mr.Dave, learned advocate appearing for the applicant would submit that the applicant was not named in the F.I.R. and the co­ accused came to be arrested by the investigating agency after a period of three months from the date of occurrence of the crime. He would submit that though the applicant was not named either by the complainant or any of the witnesses, including the injured witnesses, the investigating agency has not carried out any Test Identification (TI) Parade qua the applicant. He would submit that one of the witnesses viz. Arjanbhai Mangalbhai Pagi, for the first time that too after a period of four years from the date of incident, has identified the applicant only in the Court; however, in the cross­ examination he has admitted that he did not disclose the name of the applicant before the investigating agency when his statement was recorded.