VASANTBHAI RATILAL MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order passed by the learned Addl. Sessions Judge, Court No.2, Ahmedabad City in Sessions Case No. 314 of 2005 dated 16.11.2006 whereby, the appellant, original accused, has been convicted for the offence punishable u/S. 302 of Indian Penal Code and has been sentenced to undergo imprisonment for life and fine of Rs.1000/. The period of imprisonment already undergone by the appellant was given as setoff.

(2.) Antecedent facts of this case, which require brief mention, are these;

(3.) Mr. Yogendra Thakore learned Counsel for the appellant, original accused, submitted that the impugned judgment and order passed by the Court below is bad in law and erroneous inasmuch as the Court below has failed to appreciate the settled principle of criminal jurisprudence relating to confessions or admissions admissible against the maker. He submitted that except the averment made in the complaint (Exhibit 37) regarding purchase of petrol, there is nothing on record to establish the guilt of appellant -accused. He submitted that confessions/admissions made by the appellant in the complaint cannot be used against the appellant and conviction cannot be based upon it.