ASIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Sec. 391 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code"), the appellant - convict - original accused has prayed to permit him to produce evidence of 13 witnesses referred to in the said application as defence witnesses, whose statements were recorded by the Investigating Officer regarding the plea of alibi of the appellant - applicant as well as witnesses regarding the phone call details of the applicant in Sessions Case No.105 of 2013, in which the present applicant has been convicted for the offence punishable under Sec. 302 read with Ss. 34 and 114 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") and sentenced to undergo life imprisonment.

(2.) The said application was heard by the coordinate Bench and by I.A. Judgment dtd. 10/4/2019, the captioned application was disposed of by observing that at the time of final hearing of the criminal appeal, the application filed by the applicant under Sec. 391 of the Code shall be considered.

(3.) The short facts arising from the record of the case are as follows: