ASHOK SHANKERBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether the evidence of solitary eye witness standing alone by itself which has shown the definite and deliberate tendency of falsely implicating an innocent person as an accused and that too in the serious charge of murder is worthy of any credibility - commanding any respect or reliance to be placed upon him for convicting the accused 7. This is a short and yet an important question round which revolves the discussion deciding the ultimate fate of the accused in this appeal.

(2.) To state few relevant facts of the prosecution case briefly the incident in question took place on 19-7-1988 at about 7-30 to 7-45 p. m. on the public road in Camp Sadar opposite the shop of one Lachhu Sheth in Ahmedabad where one Nizamuddin a boy aged about 19 years was stabbed to death by the appellant-accused No. 1 Ashok @ Joni Shankerbhai as aided and abetted by accused No.2 Raju @ Guide Karshanbhai who at that time had kept on holding him. This incident was seen by a solitary eye-witness namely Anvarhusen Jahangirbhai (P. W. 3 Ex. 10) the friend of the deceased Nizamuddin who was sitting near the manhole hutter from the scene of incident. According to this witness at that time he heard the exchange of words taking place between the accused No. 1 and Nizam. As a result of this Nizam leaving behind his cycle ran and was chased by these two accused on their respective cycles. When Nizam was about 10-15 ft. away from the mosque accused No. 1 gave 2-3 knife blows to him while accused No. 2 facilitated him in commission of the said offence by catching hold of him. Because of injuries Nizam fell down and accused made good their escape. Thereafter when Anvarhusen (P. W. 3 Ex. 10) went near injured Nizam he found froth coming out from his month and that he was unable to speak - most probably he was dead. Thereafter this witness rushed to the house of injured Nizam to call his mother - Salimabanu Khurshid (P. W. 2 Ex. 9) and informed her that - Nizam is given knife blows.... Joni has stabbed him. After so informing Salimabanu he went to his house and slept. On the basis of the information passed on to her by Anvarhusen Salimabanu immediately ran to the scene of incident where Nizam was lying in a bleeding condition. Immediately thereafter she rushed to the nearby Police Chowky and requested three police constables saying Saheb chalo mara chhokrane chappu mari didhun chhe: that is to say Sir come my son has been stabbed. According to Salimabanu though police constables assured her that they were coming they in fact did not turn up. Thereafter she returned to the place where her injured son Nizam was lying and from there alongwith Roni Dasbhai (P. W. 4 Ex.19) took injured to the Civil Hospital in a rickshaw where doctor declared him dead. Thereafter P. S. I. B. J. Garchar (P. W. 10 Ex. 34) from Shahibag Police Station contacted her in the hospital where her complaint (Mark 6/2) came to be recorded. On the basis of the aforesaid facts the accused came to be arrested on 19-7-1988 and after the investigation was over they were charge-sheeted before the Sessions Court Ahmedabad (Rural) to stand the trial for murder of Nizamuddin for the alleged offences under Sections 302 and 114 of I. P. C.

(3.) At the trial both accused pleaded not guilty and claimed to be tried. The Trial Court after duly appreciating the prosecution evidence on the record while partly accepting and relying upon the evidence of solitary eye-witness Anvarhusen Jahangirbhai (P. W. 3 Ex. 10) as corroborated by the evidence of the rest of the supporting prosecution witnesses namely - (i) Salimabanu Khurshid (P. W. 2 Ex. 9) (ii) Roni Dasbhai (P. W. 4 Ex. 19) (iii) Head-constable Babubhai Bhathibhai (P. W. 7 Ex. 27 (iv) PSI B. J. Garchar (P. W. 10 Ex 34) & (v) Prof. Rathindra Deshmukh (P. W. 9 Ex. 32) by its judgment and order dated 1 convicted and sentenced accused No. 1 under Section 302 of I. P. C. and acquitted accused No. 2 by giving him benefit of doubt. Hence the present appeal by the appellant-accused No. 1.