RAHULBHAI PRAVINBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application for bail is filed by the applicant under Section 389 of Code of Criminal Procedure, 1973, undergoing imprisonment pursuant to conviction and sentence for life with fine of Rs. 25000/- for the offence under Section 302 of IPC and under Section 135 of Gujarat Police Act pursuant to judgement and order dated 31.8.2017 passed by the Learned Additional Sessions Judge, in Sessions Case No. 57 of 2015.

(2.) Learned advocate for the applicant would contend that as per the case of the prosecution the incident has genesis in inflicting a single blow of knife by the appellant/convict on left side of the chest which turned out to be fatal, but testimonies of two child witnesses namely brother Mehul and sister Urvashi, P.W. 4 and P.W. 5 are not believed by learned trial Judge to the extent that they were eye witnesses. However, collectively, the evidence was found based on corroboration of nature of injuries, likelihood of death due to such injuries, cause of death as per medical witness Dr.Manish Ghelani, P.W.15 but at the same time no blood stains were marked and were found on the knife, a weapon used for commission of crime etc. and the manner in which incident had taken place, the appeal is not likely to be heard in near future, the case of the applicant be heard accordingly.

(3.) The submissions as above made by learned advocate for the convict are opposed by Ms. Shruti Pathak, learned APP on the ground that while injured was conscious and alive, made a categorical statement/declaration before his mother Savitaben P.W.1 who was examined vide Exh.8 and accused herein was named specifically and the manner in which crime was committed was also stated therein. The defence has raised the very ground of injured was not conscious and in mental fitness to make a statement before his mother but was not believed by the trial Judge since sufficient corroboration was available in the form of medical evidence and other witnesses namely Bipinkumar Hiralal, Hardik Vinodbhai, Chatrasingh Pratapsingh, P.W.16, P.W.18 and P.W.20 respectively though turned hostile but investigating officer has deposed to have recorded their statement and, therefore, convict of offence under Section 302 who is sentenced for life imprisonment do not deserve any indulgence qua the prayer of sentence suspension of sentence and grant of regular bail and the application deserves to be rejected.