BHATTI BHARATBHAI SAMANTBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application at the instance of a convict accused (original accused no.2) under Section 389of the Criminal Procedure Code, 1973 (for short "the Code, 1973") for suspension of the substantive order of sentence imposed by the 3rd Additional Sessions Judge, Bhavnagar dated 31/03/2018 in Sessions Case No.136 of 2015.

(2.) We take notice of the fact that the applicant herein and his brother namely, Bhatti Pravinchandra Samantbhai Raval were put on trial in the court of the 3 rd Additional Sessions Judge, Bhavnagar for the offence punishable under Sections 302 read with 34 of the Indian Penal Code (for short "IPC") and Section 135 of the Gujarat Police Act.

(3.) The case of the prosecution in brief may be summarized as under: