JAMALKHAN JALILKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment and fine of Rs. 1000/-, in default, simple imprisonment for six months for the offence under section 302 of Indian Penal Code and simple imprisonment for one year and fine of Rs. 200/-, in default, simple imprisonment for one month under section 324 of Indian Penal Code and under Section 135 of B.P. Act by impugned judgement and order dated 25.10.2010 passed by the learned Additional Sessions Judge, Court No. 13, Ahmedabad in Sessions Case No. 230 of 2009, original accused no. 2, being aggrieved, is before this Court questioning the impugned judgment and order by way of filing Criminal Appeal No. 2186 of 2010.

(2.) The gist of the prosecution story is mentioned hereinbelow:-

(3.) Mr. Jagdhish Satapara, learned advocate appearing for the appellant accused submitted that the prosecution has failed to prove the case against the accused beyond reasonable doubt. He submitted that there are serious discrepancies in the evidence of witnesses and therefore accused no. 2 deserve to be acquitted or atleast granted benefit of doubt. He submitted that this Court may consider the evidence on record in its true perspective and grant benefit of doubt to the accused no. 2.