YASIN GULABNABI VOHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried by Sessions Court, Sabarkantha, Camping at Modasa in Sessions Case No. 120 of 1994 for the offence of murder of Bhanuprasad Punjalal Patel by causing fatal injuries with knife. The appellant is alleged to have caused these injuries to the deceased alongwith co-accused Mayuddin Mahmadmiya Kureshi on 3rd March, 1991 at about 10 p.m. at Himmatnagar-Modasa road near Bhavanpura Patiya.

(2.) We have heard learned advocate Mr. Qureshi and learned APP Mr. A.J. Desai. We have examined the record and proceedings in light of the contentions raised by rival sides.

(3.) Learned advocate Mr. Qureshi submitted that the appellant is convicted for an offence punishable under Section 302 read with Section 34 of I.P.C. but if the evidence is seen, it is in the form of deposition of first informant - Keshavbhai (p.w.1). He is the only eye-witness and if his deposition is seen, it is clear that the incident occurred out of a petty cause all of a sudden. The evidence of Keshavbhai indicates that he is not sure as to who gave the knife blows. If that be so, the appellant could not have been convicted and sentenced under Section 302 read with Section 34 of I.P.C. Mr. Qureshi submitted that it is too far-fetched to infer intention to cause death on part of the appellant and, therefore, the conviction may be set aside. 1]. Mr. Qureshi submitted that the appellant has been in jail for a long time. He submitted that at the best, the case can be considered to be falling under Section 304 Part I of I.P.C. He submitted that the appeal may accordingly by allowed.