ABHESHIN JILUBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under section 389 of the Code of Criminal Procedure, 1973 the applicant-? convict seeks suspension of the execution of the sentence awarded by the learned Second Additional Sessions Judge, Una Bhavnagar vide judgment and order dated 08.03.2019 passed in Sessions Case No.32 of 2014 and seeks to be released on bail pending the appeal.

(2.) Mr. Malaykumar S. Patel, learned advocate for the applicant, invited the attention of the court to the statements of the witnesses as well as the evidence on record. It was submitted that in this case there is no eyewitness and that the entire case is based upon circumstantial evidence. It was submitted that the trial court has accepted four circumstances against the accused viz. (i) last seen together, (ii) recovery of the ornaments of the deceased, (iii) discovery of the knife (weapon) used for the commission of the offence, and (iv) test identification parade.

(3.) Opposing the application, Ms. C. M. Shah, learned Additional Public Prosecutor submitted that the prosecution, through the testimony of PW-?6 Hansaben Hasmukhbhai Gohil, PW No.13 Manbhai Lakhabhai Zala as well as the testimony of the Investigating Officer, has duly proved the charge against the accused. It was submitted that chain of circumstances have been duly proved and hence, this court may not exercise discretion in favour of the applicant.