SAKIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, it is required to be noted that while considering the Application for Suspension of Sentence filed by the present Appellant / Applicant, it came to be noticed by this Court that the Hon'ble Apex Court vide its order dtd. 28/2/2020 passed in Special Leave Petition (Criminal) Diary No(s). 3897 of 2020 had directed this Court to make an endeavour to expeditiously dispose of the Criminal Appeal preferably by March 31 st 2021. Hence, the present Criminal Appeal has been taken up for final hearing.

(2.) The Appellant has filed the present Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 ("Cr. P.C.") challenging the judgment and order dtd. 24/4/2014 passed by the learned 5 th (Ad-hoc) Additional Sessions Judge, Surat in Sessions Case No. 167 of 2012, whereby, the Appellant has been convicted for the offence punishable under Ss. 302, 398 and 188 of the Indian Penal Code (" IPC ").

(3.) The facts and circumstances giving rise to the filing of the present Appeal are such that; on 10/2/2011, Kasambhai Husenbhai Baloch ("Kasambhai") was working as Police Sub Inspector at Pandesara Police Station, Surat City. He was on his duty from 20:00 hrs onward. At around 02:15 hrs. the said Kasambhai, who was on patrolling duty, received a telephonic information from Surveillance Squad that, near Ganeshnagar Bhestan, on the road going towards Vinayak Residency, a dead body of an unknown person is lying. On receiving the said information, Kasambhai went to the spot and found that a dead body of an unknown person with intestines having protruded, was lying on the spot and there were injuries on the dead body, which appeared to have been caused by a sharp edged weapon. A Hero Honda Motorcycle bearing Registration No. GJ 5 FK 5455 was also lying on the spot with its key. He immediately informed about the said fact to the Police Inspector of Pandesara Police Station as well as the Assistant Commissioner of Police. He also lodged an FIR on the basis of the said information with Pandesara Police Station. On the basis of the said information, offence being I- CR No. 33 of 2011 was registered with Pandesara Police Station for offence punishable under Sec. 302 and other allied offences under IPC against unknown persons. The investigating agency thereafter carried out investigation and three persons were found to have been involved in the case, out of which one was juvenile. The investigating agency, after conclusion of investigation, filed chargesheet against the present Appellant as well as another co-accused namely Dineshsingh Shivshankarsingh Rajput ("Dineshsingh") and juvenile-in- conflict with law Salim Aehmad Siddiqui. After filing of the chargesheet, since the offence alleged against Dineshsingh and the present Appellant was exclusively triable by the Court of Sessions, the learned Magistrate committed the proceedings to the Court of Sessions for trial. The learned Sessions Judge on 6/9/2012 framed charges against Dineshsingh and the present Appellant for offences punishable under Ss. 302, 398 and 188 read with Sec. 114 of IPC.