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1975 Supreme(SC) 264

R.S.SARKARIA, Y.V.CHANDRACHUD, P.N.BHAGWATI
Ramaniklal Gokaldas – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
D.MUKHERJI, Kailash Mehta, M.N.SHROFF, S.N.ANAND, VIMAL DAVE

Judgment

BHAGWATI, J.:- This appeal, by special leave, is directed against a judgment of the High Court of Gujarat confirming the conviction and sentence recorded against the appellant by the Additional Sessions Judge, Ahmedabad for offences under Sections 419, 420 and 471 of the Indian Penal Code.

2. The conviction is based solely on the identification of the appellant by two witnesses, namely, Jayantilal Vyas and Karsan Lad. The evidence of both these witnesses has been accepted by the learned Sessions Judge as well as the High Court and on the basis of this evidence, the learned Sessions Judge and the High Court have arrived at concurrent findings of fact resulting in the conviction of the appellant, The veracity and credibility of the evidence of these two witnesses is assailed before us on behalf of the appellant, but we do not see any reason to interfere with the appreciation of this evidence, by the learned Sessions Judge and the High Court.

3. It is a wholesome rule evolved by this court, which has been consistently followed. that in a criminal case, while hearing an appeal by special leave, this Court should not ordinarily embark upon a reappreciation of the evidence, when bo








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