Convictions cannot stand without reliable identification of accused, particularly without a Test Identification Parade, raising reasonable doubt in the prosecution's case.

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

[1.0] By way of present Criminal Appeals under Section 374 of the

Code of Criminal Procedure, 1973 , the appellants herein – original

accused have challenged the judgment and award dated

12.02.2016 passed by the learned 2nd Additional Sessions Judge,

Amreli in Sessions Case No.294/2001, whereby the appellants have

been convicted for the offences punishable under Sections 147 ,

148, 224, 225, 302, 307, 324, 325, 326, 332, 333, 397 and 398

read with Section 149 of the Indian Penal Code, 1860 (hereinafter

referred to as “ IPC ”) and sentenced to undergo life imprisonment

for the offence punishable under Section 302 read with Section 149

of the IPC ; rigorous imprisonment of 10 years for the offence

punishable under Section 307 read with Section 149 of the IPC

with fine of Rs.2000/­ and in default of payment of fine to undergo

further simple imprisonment for one year; rigorous imprisonment

of 3 years for the offence punishable under Section 147 of the IPC

with fine of Rs.500/­ and in default of payment of fine to undergo

further simple imprisonment for 10 days; rigorous imprisonment

of 3 years for the offence punishable under Section 148 of the IPC

with fine of Rs.1000/­ and in default of payment of fine to undergo

further simple imprisonment for 4 months; rigorous imprisonment

of 2 years for the offence punishable under Section 224 read with

Section 149 of the IPC with fine of Rs.1000/­ and in default of

payment of fine to undergo further simple imprisonment for 4

months; rigorous imprisonment of 2 years for the offence

punishable under Section 225 read with Section 149 of the IPC

with fine of Rs.1000/­ and in default of payment of fine to undergo

Page 2 of 21

further simple imprisonment for 4 months; rigorous imprisonment

of 3 years for the offence punishable under Section 324 read with

Section 149 of the IPC with fine of Rs.2000/­ and in default of

payment of fine to undergo further simple imprisonment for 6

months; rigorous imprisonment of 3 years for the offence

punishable under Section 325 read with Section 149 of the IPC

with fine of Rs.2000/­ and in default of payment of fine to undergo

further simple imprisonment for 6 months; rigorous imprisonment

of 10 years for the offence punishable under Section 326 read with

Section 149 of the IPC with fine of Rs.2000/­ and in default of

payment of fine to undergo further simple imprisonment for 6

months; rigorous imprisonment of 3 years for the offence

punishable under Section 332 read with Section 149 of the IPC

with fine of Rs.2000/­ and in default of payment of fine to undergo

further simple imprisonment for 6 months;rigorous imprisonment

of 3 years for the offence punishable under Section 333 read with

Section 149 of the IPC with fine of Rs.2000/­ and in default of

payment of fine to undergo further simple imprisonment for 6

months; rigorous imprisonment of 7 years for the offence

punishable under Section 397 read with Section 149 of the IPC and

rigorous imprisonment of 7 years for the offence punishable under

Section 398 read with Section 149 of the IPC . Criminal Appeal

came to be admitted on 15.06.2016 and Criminal Appeal

No.739/2016 came to be admitted on 04.07.2016. Record and

Proceedings were sent by the trial Court alongwith the paper­book.

[2.0] In all 10 persons were prosecuted for the offences punishable

under Sections 147 , 148, 149, 302, 307, 332, 333, 324, 325, 326,

Page 3 of 21

224, 225, 397 and 398 of the IPC and Section 135 of the Gujarat

Police Act by the learned 2^nd Additional Sessions Judge, Amreli in

Sessions Case No.294/2001. During the pendency of trial, accused

No.5 – Vikrambhai Bhagubhai Patgir and accused No.9 – Harjit

Pithabhai Helaiya expired and therefore, the trial proceeded against

rest of the 8 accused. On the date of judgment, accused No.3 –

Khodubhai Babubha