JAGDISHBHAI SANKALCHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in instant appeal under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 16.10.2000 rendered in Sessions Case No.148 of 2000 by the learned Additional Sessions Judge, Court No.13, City Sessions Court, Ahmedabad, by which appellant/original accused No.1 ('A -1' for short) has been convicted for the offences punishable under Section 302 of the Indian Penal Code ('IPC' for short) and Section 135 (1) of the Bombay Police Act ('BP Act' for short) and sentenced to imprisonment for life and fine of Rs.3,000/ - i.d., simple imprisonment for three month for commission of the offence under Section 302 IPC and imprisonment for one month and fine of Rs.200/ - i.d., simple imprisonment for fifteen days for commission of the offence under Section 135 (1) BP Act. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case as disclosed from the FIR and unfolded during trial is as under:

(3.) MS . Sadhna Sagar, learned advocate for the accused appointed by the Legal Aid Committee for A -1, has contended that the prosecution has failed to prove the charge levelled against A -1 as all the witnesses are interested witnesses. She has also contended that evidence of T.I. Parade does not inspire confidence. So far as discovery of knife at the instance of A -1 is concerned, the said piece of evidence is not clinching and satisfactory. Therefore, according to her, the impugned judgment and order is contrary to the evidence on record which deserves to be quashed and set aside and thereby A -1 may be acquitted of the offences with which he was charged. She therefore urged to allow the appeal.