DINESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment and having been imposed fine of Rs. 500/- for the offence under section 302 of Indian Penal Code and having been sentenced to rigorous imprisonment for seven years each under Sections 392, 397 & 398 of Indian Penal Code by impugned judgement and order dated 01.04.2003 passed by the learned Additional Sessions Judge, Court No. 1, Ahmedabad in Sessions Case No. 103 of 2001, original accused No. 1, is before this Court questioning the impugned judgment and order by way of Criminal Appeal No. 227 of 2004. Criminal Appeal No. 908 of 2003 has been preferred by the State against the acquittal of original accused Nos. 2 to 4 recorded under Sections 302, 392, 397, 398, 201 and 120(B) of Indian Penal Code vide judgement and order dated 01.04.2003 in Sessions Case No. 103 of 2001.

(2.) It is the case of the prosecution that on 23.12000, at about 07.30 pm the complainant alongwith his brother - deceased were going on separate bicycles on 132 ft. ring road and were carrying collection amount of Rs. 1,12,750/- of H.S. Gas Agency. When they reached between Jaymala Bus stand and Govindvadi, the accused persons encircled the complainant and his brother and looted cash amount of Rs. 1,12,750/-. It is the case of the prosecution that original accused No. 1 inflicted injuries on the complainant and deceased and the deceased died on the spot.

(3.) Mr. B.M. Mangukiya, learned advocate appearing for the accused submitted that the trial court failed to appreciate and evaluate the deposition of the complainant in its proper perspective. He submitted that the prosecution has failed to prove the case against the accused beyond reasonable doubt. He submitted that the evidence rendered by the prosecution witnesses is doubtful as the same is full of contradictions.