(Ranjan Gogoi, Abhay Manohar Sapre and Navin Sinha, JJ.)
Kara Bhai _________________________________________ Appellant
v.
State of Gujarat ____________________________________ Respondent
Criminal Appeal No. 544 of 2015, decided on September 12, 2017
The Order of the court was delivered by
Order
1. We have heard learned counsels for the parties.
2. The challenge in the present appeal is to the conviction of the accused-appellant under Section 302 IPC recorded by the High Court in affirmation to the order of conviction passed by the learned trial Court. The appellant (Kara Bhai), who is accused No. 2 in the trial has been sentenced to undergo rigorous imprisonment for life.
3. We have read and considered the orders of the learned trial Court and of the High Court.
4. The prosecution case, rests on the testimonies of PW-1 to PW-4, who are eye-witnesses to the occurrence. PW-1 and PW-2 are related to the deceased whereas PW-3 and PW-4 are independent witnesses.
5. Statements made by the Accused No. 1 and 2 had led to the recovery of alleged weapons of assault i.e. knives which had blood stains. The same were sent for analysis/examination to the Forensic Science Laboratory (F.S.L.). The report of the F.S.L. suggests that the human blood found on one of the knives was having blood group ‘A’, which was the blood group of the deceased and on the other knife the finding was inconclusive. During the course of the investigation the clothes worn by the accused appellant were recovered and the same were also sent for chemical analysis to the F.S.L. The report of analysis suggests that the same were also carrying human blood group ‘A’.
6. Learned counsel for the appellant (A-2) vehemently contended that no motive has been attributed by the prosecution witnesses to the appellant (A-2) and it is only the first accused-Bhima (A-1), who has been ascribed a motive. Even if we are to accept the argument of the learned counsel for the appellant, we cannot sustain a conclusion of innocence of the appellant (A-2) on that basis having regard to the fact that it is not an indispensable requirement in a criminal trial to prove and establish motive on the part of the accused for commission of a crime. The other argument by the learned counsel for the appellant (A-2) is that the prosecution evidence does not prove the charge against the appellant (A-2) in as much as there is no direct evidence to connect the appellant with the fatal injuries, which as per report of the medical experts is rupture of the liver caused by the stabbing.
7. In this regard, we have taken note of the evidence tendered by the eye-witnesses which go to show that it is Accused-1 (Bhima) and Accused-2 (Kara Bhai), who had jointly gone to the house of the deceased and had called him out and had taken him away. Immediately thereafter the incident had taken place in course of which both Accused Nos. 1 and 2 had attacked the deceased with knives. In view of the said evidence on record, the prosecution would not be required to establish that it is any one particular accused who is responsible for causing the fatal injury inasmuch as the ingredients of Section 34 IPC would be squarely attracted in the present case.
8. For the aforesaid reasons, we are unable to find any error in the view taken by the High Court in convicting and imposing the sentence of life imprisonment on the appellant. The order of the High Court is, therefore, affirmed and the appeal is accordingly dismissed.
Criminal Appeal No(s). 544/2015
Kara Bhai __________________________________________ Appellant
v.
State of Gujarat ____________________________________ Respondent
(IA 25356/2017 IN CRIMINAL APPEAL NO. 544 OF 2015)
Date : 12-09-2017 This matter was called on for hearing today.
(Before Ranjan Gogoi, Abhay Manohar Sapre and Navin Sinha, JJ.)
For Appellant(s) Ms. Tulika Prakash, AOR
For Respondent(s) Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Mamta singh, Adv.
UPON hearing the counsel the Court made the following
Order
9. The appeal is dismissed in terms of the signed order.
10. In view of the above all pending applications stand disposed of.
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