SANJAYKUMAR BHAGWANDAS ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard ld. Sr.Counsel Mr. Maganbhai Barot with ld. Counsel Mr. JM Buddhbhatti for the petitioners and ld. APP Mr. A.Y. Kogje for respondent State.

(2.) Having considered the contentions raised in the application preferred under Sec.227/228 of CrPC and considering the order passed by ld. Asstt. Judge, Patan, the Court finds no merit in the present Cri. Misc. Application.

(3.) The petitioners are facing serious charge of the offence punishable under Sec.302 of Indian Penal Code and it is submitted that the prosecution has suppressed certain material aspect and copy of the dying declaration recorded by the Executive Magistrate on 10.1.2000 at 1.20 A.M. i.e. immediately after the midnight, has not been supplied to the petitioner with the papers of chargesheet. It is argued by ld. Sr.Counsel Mr. Barot that initially no name of the accused assailants were ever disclosed by any of the prosecution witnesses including the injured and father of the injured complainant and improving the entire story, the petitioners have been falsely implicated in a serious crime. It is further argued that in view of scheme of Sec.227/228 of CrPC, it is obligatory on the part of the Court to look into the entire papers of investigation and on facts emerging from record, if the Court is able to reach to the conclusion that without repudiating the allegations made by the prosecution witnesses the accused is found to be innocent or falsely implicated,then the Court shall discharge the accused.