Penal Code, 1860 — Sections 342, 346, 302 & 201 r/w Section 34

August 29th, 2013

Penal Code, 1860 — Sections 342, 346, 302 & 201 r/w Section 34 — Conviction under — Acquittal of co-accused, Sufficient evidence towards guilt of appellant, Effect of — Trial Judge acquitted A-3 and A-4 as he found them innocent and convicted A-1 and A-2 for all the offences — High Court acquitted A-2 but sustained the conviction of the appellant for all the offences — Appeal by special leave by appellant, A-1 alleging that A-2 stood on the same footing as the appellant and hence, the High Court should have acquitted him — Held, High Court took note of the fact that A-2 was not identified by any one in the test identification parade — It has also noticed number of material contradictions and omissions and, accordingly, acquitted A-2 — As far as the appellant is concerned, all the circumstances lead towards his guilt — Resultantly, appeal fails.

(Para 23 & 24)

Harivadan Babubhai Patel v. State of Gujarat[Bench Strength 2], Criminal Appeal No. 1044/2010(01/07/2013), 2013(8) SCALE 17: 2013(9) JT 274: 2013(6) SLT 197 [B.S. Chauhan, J.: Dipak Misra, J.]

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