DEVABHAI @ DEVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule on behalf of the respondent-State of gujarat.

(2.) In this application under Section 389 of the Code of Criminal Procedure, prayer by the convict under Sections 147 , 148 , 149 , 323 , 325 , 542 and 302 of the Indian Penal Code vide judgment and order dated 29.10.2015 passed by learned 3 rd Additional Sessions Judge, Nadiad, in Sessions Case No.21 of 2015 against which a sentence for rigorous imprisonment for life and fine etc. for which Criminal appeal filed against conviction is admitted is to suspend the sentence and, accordingly, it is submitted that so far as the applicant-original accused no.7 is concerned, he is attributed with iron pipe and inflicting injuries on deceased as well as PW-12.

(3.) Shri Sejpal, learned advocate for the applicant, while taking us to the testimonies of injured witnesses viz. PW-11, complainant and daughter-in-law of the deceased and injured, PW-12, Dhaniben Solanki, wife of the deceased, it is submitted that the applicant is a rank outsider and the version of he becoming a member of unlawful assembly and committing the crime in furtherance of common object for which there is no consistency. Besides, there was a dispute between the complainant and the accused and recovery etc. particularly of pipe, as the weapon used in commission of crime, had no blood stains. Likewise, the clothes of the applicant-convict also had no blood stains and FSL report, therefore, can be considered at the stage of final hearing.