The prosecution's ability to provide corroborating evidence, such as medical reports and witness testimonies, is crucial in establishing guilt and upholding a conviction.

S.G. Shah, J.

1. Heard learned advocate Mr. M.B. Rana for the appellant and learned APP Ms. Reeta Chandarana for the respondent - State.

2. The appellant has challenged the legality and correctness of his conviction u/s. 307 of the IPC and section 135 of the Bombay Police Act by learned Addl. Sessions Judge, Fast Track Court, Palanpur in Sessions Case No. 60 of 2007, whereby he is sentenced to undergo imprisonment of 10 years and to pay fine of Rs. 3000/-, and in default of payment of fine, further imprisonment for one year for the offence punishable u/s. 307 of the IPC and sentenced to undergo R.I. for six months and to pay fine of Rs. 500/-, and in default of payment of fine, further imprisonment for one month for the offence punishable u/s. 135 of the B.P. Act by impugned judgment dated 4.11.2009. The story of prosecution case and history of investigation is well described in the impugned judgment as well as in pleading, and therefore, it is not reproduced. The jail record shows that appellant has not been released on bail while admitting this appeal, which was filed after delay of 726 days, but when the appellant was temporarily released on bail by order dated 13.6.2012 for 30 days, the appellant had absconded and was ultimately arrested by the police only after 1424 days i.e. after four years. Therefore, appellant has not undergone much imprisonment.

3. The prosecution case is to the effect that on 15.10.2001, the appellant - accused has beaten victim - Sajabhai Kevlabhai with axe on his head and shoulder as well as on his backside, and therefore, victim was taken to Civil Hospital, Palanpur. The complaint of such incident was lodged by his nephew Gulabbhai Sonabhai on the same day, and thereupon, police has investigated the incident and filed chargesheet. Thereafter, accused was tried before the Sessions Court at Palanpur, wherein he was convicted as aforesaid. To prove its case, the prosecution has examined 10 witnesses and produced 10 documentary evidence before the trial Court. To ascertain the legality and validity of the impugned judgment, convicting the appellant, I have perused the available record in the form of paper-book and considered the rival submissions.

4. At the outset, it becomes clear on scrutiny of the available evidence on record that except two witnesses, all the prosecution witnesses have supported the case of the prosecution; whereas, even two witnesses, who have tried to depose half-heartedly about their knowledge and activity during the trial, they have no option, but to disclose certain facts, which otherwise supports the case of the prosecution. As against that, there is no evidence to rebut the evidence by the prosecution, so as to prove even by way of preponderance of probabilities that either no incident has taken place at all as alleged by the prosecution or that there was no involvement of the appellant in such incident, wherein, victim has received grievous injuries. If it is so, then heavy burden rests upon the appellant to show that how and why the impugned judgment should be disturbed by converting the conviction into acquittal.

5. In light of above position, the scrutiny of the evidence on record, is listed hereunder:-

5.1. PW-1 at Exh. 13 is Dr. Shamaldas M. Athwan, had examined the victim immediately after the incident when he was brought directly from the place of incident. It is his say on oath before the Court that on 15.10.2001, when he was serving as Medical Officer at Civil Hospital, Palanpur, at about 3.30 p.m., victim Sajabhai Kevlabhai was brought before him for medical treatment and he has examined him and treated him. It is his case that on inquiring about the injuries, the victim has given a history that on the same day, at about 12 p.m., he was beaten by axe by Jhalabhai Somabhai Garasiya (Gamar) i.e. appellant herein and that he has threatened him by saying that stop, and when did not stop, he was beaten by handle of axe or backside of the axe on his back. Such histo