STATE OF GUJARAT Vs. DINDOL (ADIVASI) RATNA SURPAL

JUDGEMENT

(1.) The accused of Sessions Case No. 109 of 1992 of the Court of learned Additional Sessions Judge, Mehsana after holding him guilty for offence under Section 302 of Indian Penal Code was awarded capital punishment. This requires confirmation by this Court and hence, on receiving a reference in that regard, it was registered as Confirmation Case of No. I of 1993. The convict-accused had filed an Appal which has been registered as Criminal Appeal No. 485 of 1993. He is challenging the conviction as well as the sentence awarded to him.

(2.) The accused was defended by an Advocate appointed at the expenses of the State, as he was not in a position to afford the expenses. The appeal of the convict-accused is also similarly dealt with. The difference, however, is that a fairly experienced Lawyer Mr. Budhbhati has been appearing as Advocate for the accused-appellant in both the matters and he has been assisted by a Senior Advocate Mr. Maganbhai Barot and that is how, both the matters have been dealt with on behalf of the convict-accused by these two learned Advocates. In both these matters the State is represented by the learned Public Prosecutor Mr.D.K. Trivedi.

(3.) Very rarely in these days we come across conviction orders entailing capital punishments and this being one of those rare cases, we would like to give details and that would otherwise be also necessary for appreciating the rival contentions.