STATE OF GUJARAT Vs. LALLU BUDHIA

JUDGEMENT

(1.) In this case smuggling accused No. 9 pleaded guilty to the charge and he was convicted for an offence punishable under secs. 135(1)(a) and 135 of the Customs Act and also for the offence punishable under sec. 85 of the Gold Control Act. He was also held guilty for the offence punishable under sec. 120-B of the Indian Penal Code read with sec. 135 of the Customs Act and sec. 85 of the Gold Control Act and sec. 246(3) of the Customs Act. Accused No. 3 has expired. Accused No. 10 in the case is still absconding. During the trial of the other accused this accused No. 9 gave evidence as prosecution witness. The trial court after considering the various statements made by the different accused persons and also considering the other evidence on record came to the conclusion that accused Nos. 1 2 4 5 6 7 8 and 11 were guilty for the offence punish- able under secs. 135(1)(a) and 135(1)(b) of the Customs Act and also for the offence punishable under sec. 85 of the Gold Control Act and sente- nced them to various terms of imprisonments and fine. The Government in case of certain accused appealed for enhancement of the sentences while some of the accused appealed against the conviction. In the appeal it was submitted by the learned advocate Mr. D. C. Trivedi on behalf of accused No. 8 that all these statements of the accused persons are the statements made by the persons who could be termed in eye of law as accomplices and that one accomplice cannot corroborate another accom- plice. The learned advocate also referred to the following cases: (1) Bhubani Sahu v. The King A.I.R. 1949 Privy Council 257; (2) Kashmira Singh v. The State of Madhya Pradesh A.I.R 1962 S.C. 159; and (3) Mohd. Hussain Umar Kochra etc. v. K. S. Dalipsinghji and Another etc. A. I. R. 1970 S.C. 45. ... ... ... ... ... ...

(2.) In the light of the above rulings which are cited before us and in the light of the provisions contained in Law we have to examine the evidence which we have discussed above. So far as sec. 114 illustration (b) of the Evidence Act is concerned it reads as under:

(3.) Another provision of law which is required to be kept in mind is contained in sec. 133 of the Indian Evidence Act which reads as under: