RAMESHKUMAR SAKHARAM RAVDE (GAVDE) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Vipul Sundesha for Mr. P.P. Majmudar, learned counsel for the appellant and Mr. K.L. Pandya, learned Additional Public Prosecutor for the respondent -State.

(2.) THE appellant has challenged his conviction by the impugned judgment and order dated 10.1.2008 in Sessions Case No. 103 of 2007 whereby Additional Sessions Judge of Fast Track Court No. 6 of Ahmedabad City has convicted the accused for the offence punishable under Section 307 of the IPC and awarded rigorous imprisonment of 7 years with fine of Rs. 5,000/ - and in default of payment of fine, he has to undergo 1 month simple imprisonment with benefit of set off to be extended for the period of custody during the trial.

(3.) HOWEVER , it has never been brought on record by either of the parties that whether such suspension has ultimately been confirmed into dismissal from services or not, considering the conviction as aforesaid, since suspension was merely at the stage of initiation of such criminal proceedings. Irrespective of such facts, when appellant wants to argue the appeal on merits to confirm his acquittal, we have to scrutinize the evidence on record to verify that whether there is anything which confirms that conviction is not proper and, thereby to acquit the appellant.