AJAYABSINGH RAMSINGH JAAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has preferred the present appeal under Section 374 of Cr. P.C., challenging the judgement and order dated 17.2.2014 passed by the Sessions Court, Surat (hereinafter referred to as "the trial Court") in Sessions Case No.136 of 2012, whereby the appellant - accused has been convicted and sentenced for life imprisonment and to pay a fine of Rs.5,000/-, in default thereof, to undergo imprisonment for one month for the offence under Section 302 of IPC.

(2.) At the outset, it may be stated that as per the jail report, the appellant was granted the benefit of remission of sentence and was released prematurely from jail on the occasion of 68th Republic Day Celebration vide Home Department Order dated 25.1.2017, however, subsequently the jail authority having realized that the appellant was given unauthorized benefit of the remission of sentence, in view of the order dated 4.8.2017 issued by the office of the Additional DGP and IG (Prison), he was directed to be arrested. However, the appellant - accused is not being traced out and he has not been arrested so far. This Court vide order dated 26.10.2018 had recorded the said fact and directed the jail authority to report to the Court as and when the appellant is traced out. Today, the learned APP Ms.Chetna Shah has stated that the appellant is still absconding and not traced out. Be that as it may, since the learned Advocate Mr.Hardik Rawal is appearing for the appellant, the matter is heard on merits.

(3.) The case against the appellant - accused was registered at the Sachin GIDC Police Station, Surat as C.R. No.I-52/2011, for the offence under Section 302 of IPC on 8.9.2011, for allegedly causing murder of one Dipendra Kamlesh Agnihotri. The Investigating Officer, after completing the investigation and collecting sufficient evidence against the appellant - accused had laid the charge-sheet in the Court of Judicial Magistrate First Class, Surat, where it was registered as the Criminal Case No.26479 of 2011. The offence being triable by the Court of Sessions, the said case was committed to the Sessions Court, Surat under Section 209 of Cr. P.C., where it was registered as Sessions Case No.136 of 2012. The Sessions Court had framed the charges against the appellant - accused for the offence under Section 302 of IPC. The accused having denied the charges, he was tried for the said offence by the Sessions Court. The prosecution had examined as many as 11 witnesses and produced documentary evidence to prove the charge against the accused.