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2016 Supreme(Guj) 920

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S. Jhaveri and Biren Vaishnav, JJ.
Tomarthakur Madansinh Sureshsinh Girendrasinh – Appellant
Vs.
State of Gujarat – Respondent
Criminal Appeal Nos. 1339 of 2011, 130, 158 of 2012 and 55 of 2014
Decided On : 06-05-2016

Advocates:
Advocate Appeared:
For the Appellant :Gajendra P. Baghel, Advocate
For the Respondents: C.M. Shah, Additional Public Prosecutor

The main legal point established in the judgment is the reliance on circumstantial evidence, witness testimonies, and recent Supreme Court decision on life imprisonment and remission powers to establish the guilt of the accused.

Headnote:

Criminal Law - Conviction Appeal - Indian Penal Code - 302 r/w 34, 392 r/w 34, 397 e/w 34 - Summary of Acts and Sections: The court discussed the evidence and legal provisions related to the charges under Indian Penal Code sections 302 r/w 34, 392 r/w 34, and 397 e/w 34, focusing on circumstantial evidence, identification parade, medical evidence, and the intention of the accused. The court also considered the recent Supreme Court decision on life imprisonment and remission powers.

Fact of the Case:

The appellants were convicted for the murder of a car driver and robbery. The prosecution presented circumstantial evidence, witness testimonies, and documentary evidence to establish the guilt of the accused. The defense argued lack of eyewitnesses and medical evidence supporting the prosecution's case.

Finding of the Court:

The court found the appellants guilty based on witness testimonies, identification parade, recovery of stolen items, and circumstantial evidence. The court also considered the medical and forensic evidence supporting the prosecution's case.

Issues: The issues revolved around the sufficiency of circumstantial evidence, the credibility of witness testimonies, and the interpretation of medical and forensic evidence.

Ratio Decidendi: The court relied on the witness testimonies, identification parade, recovery of stolen items, and medical and forensic evidence to establish the guilt of the accused. The recent Supreme Court decision on life imprisonment and remission powers also influenced the court's decision.

Final Decision: The appeals were dismissed, and the conviction and sentence were confirmed. However, the court clarified that life imprisonment would not be till the last breath and the appellants may be eligible for remission and set off after 14 years of serving the sentence.

JUDGMENT

K.S. Jhaveri, J.

1. All these appeals arise from the judgment and order of the learned Additional Sessions Judge, Anand and therefore they are being disposed of by the present common judgment.

2. The appellants have challenged their conviction in Sessions Cases No. 64 of 2009 whereby the appellants came to be convicted vide judgment and order dated 09.09.2011 by the Additional Sessions Judge, Anand. By the same impugned judgment and order the appellants came to be convicted. The learned Additional Sessions Judge vide impugned judgment and order directed the appellants to suffer imprisonment as under:

Section

Particulars of sentence

302 r/w 34 of Indian Penal Code

R.I. For life

392 r/w 34 of Indian Penal Code

R.I. for 7 years

397 e/w 34 of Indian penal code

R.I. for 7 years

3. The brief facts of the case are as under:

3.1 That on 23.02.2003 at 8.30 in the morning, all the appellants were travelling in the car of the Jigneshbhai Natvarsinh Zala aged about 24 years as passengers bearing No. G.J. 23 M-2700 of Tavera make. Jigneshbhai Natwarsinh zala was travelling on national highway No. 7 and he was coming from Bombay and was going towards Anand. At that time, all the accused took lift in the Car and with their connivance the accused No. 1 has given knife blow. They have first tied the legs-hands and mouth of driver Jigneshbhai Natvarsinh Zala and inflicted blows upon him with a sharp aged weapon. The accused all together thrown away the body of Jitendrasinh Natwarsinh Zala on the sub way near the Canal at Moger Village to destroy the evidence. The complainant is the chaukidar who in turn informed the police of Vasad camp at Moger. In pursuance of this complaint, FIR being CR No. I - 13 of 2009 came to be registered with Vasad Police Station.

3.2 The investigation was taken up and after usual investigation, charge sheet came to be filed against the appellants. The offences committed by the appellants were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Anand under Section 209 of the Code. Upon committal, the case came to be registered as Sessions Case No. 64 of 2009 in Sessions Court, Anand Charge came to be framed against the appellants. They pleaded not guilty and claimed to be tried.

3.3 During the trial, the prosecution had examined following witnesses;

Witness No.

Name

Exh.

1.

Dr. Ambalal Hirabhai Patel

18

2.

Natwarbhai Kalyansinh Mahida

Exh.24

3.

Jitendrasinh Sursinh Solanki

27

4.

Dhirubhai Bachibhai Malek

Exh.28

5.

Vijaysinh Mohansinh Vaghela

31

6.

Natwarsinh Laxmansinh Zala

34

7.

Kanaksinh Dolatsinh Raolji

36

8.

Sureshbhai Hathibhai Patel

38

9.

Ramabhai Pujabhai Patel

38

10.

Chandubhai Shanabhai Gohel

49

11.

Dhirenkumar Nathalal

52

12.

Sikandarsha Akbarsha Diwan

55

13.

Jagdishbhai Chhaganbhai Parmar

58

14.

Kalpeshbhai Kanaksinh

62

15.

Lalabhai Bhikhabhai

61

16.

Prakashbhai Nanalala Kasundra

65

17.

Ramanbhai Babubhai Parmar

66

18.

Rahukumar Rameshbhai Patel

6

19.

Dipesh Rajubhai Patel

19

20.

Jayantibhai Patel

72

21.

Mitesh Jayantibhai Patel

72

22.

Babaubhai Mithabhai Patel

79

23.

Jitubhai Jayantibhai Shah

83

24.

Dr. Rakesh Umakant Avasthi

86

25.

Shaktisinh Vikramsinh Ravalji

98

26.

Sandipsinh Mahendrasinh Ravalji

Exh.99

27.

Sarojben Natwarsinh Zala

Exh.100

28.

Vijaysinh Dhirubha Zala

Exh.104

29.

Prabladsinh Narsinh Rajavat

114

30.

Sharifmiya Basirmiya Malek

120

31.

Benedict Nicolas Meckwan

123

32.

Hamidaben Mansinh Rathod

126

33.

Vishwanath























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