IRFAN MOHAMMAD MODHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 ("the Code"), has been preferred by the appellant - original accused, challenging the judgment and order dated 18.06.2014, passed by the learned 2nd Additional Sessions Judge, Dahod, in Sessions Case No.37 of 2012, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC") and sentenced to undergo life imprisonment and to pay a fine of Rs.30,000/­, and in default of which, to suffer one year simple imprisonment.

(2.) The case of the prosecution is as follows:

(3.) In the FIR, four persons were initially named as accused, namely, (1) Keyurbhai Pravinchandra Panchal, (2) Deepmala, daughter of Pravinchandra Panchal and wife of deceased Viren, (3) Bhopo Labano and (4) Irfan Mohammad Modhia (the present appellant). It emerges from the record that an application under Section 169 of the Code was filed for the release of the original accused Nos.1 to 3. These accused, namely (1) Keyurbhai Pravinchandra Panchal, (2) Deepmala, and (3) Bhopo Labano, were released and made prosecution witnesses. The appellant remained as the sole accused.