TMI Blog1997 (5) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... intentionally caused the deaths of Mahindersinh Rayjada and Somaji Thakor. The conviction of the appellant passed under Section 302 of the Indian Penal Code, therefore, does not suffer from any infirmity. The learned Advocate for the appellant was unable to point out any error in the impugned judgment as regards the convictions of the appellant passed on other counts. Appeal dismissed. - 743 of 1996 - - - Dated:- 5-5-1997 - G.T. Nanavati and S.P. Kurdukar, JJ. [Judgment per : S.P. Kurdukar, J.]. - This appeal under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short `the TADA') is filed by the appellant challenging the legality and correctness of the judgment and order of conviction and sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... result of this dash, the Custom Officers who were standing near the jeep fell down. Mr. Jacob (PW 2) and Mahendrasinh Rayjada, a sepoy sustained the injuries. The said truck immediately took a turn and again dashed against the jeep and in this process, A-8 could succeed in escaping himself from the clutches of the Custom Officers. A-8 then boarded another truck which was parked nearby and fled away. According to the prosecution, appellant who was the driver of the truck intentionally dashed his truck against the jeep whereby two persons, namely, Mahindersinh Rayjada, a sepoy died on the spot and Somaji Thakor, another sepoy died in the hospital. The appellant then fled away. 3.The Customs Inspector Mr. P.N. Desai (PW 1) then took a lift o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o produced at the trial. The appellant, however, did not lead any evidence in support of his defence. 6.The Designated Judge, Jamnagar, after careful scrutiny of oral and documentary evidence on record by his judgment and order dated June 19, 1996 convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 30,000/-; in default to undergo further sentence of RI for two years. In addition to this, the appellant was convicted under Sections 307, 225, 332 and 333 of the Indian Penal Code and was sentenced to suffer RI for various terms in addition to the payment of fine. Harun Jasub Bhaya, original accused No. 8, however, was convicted under Section 224 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the prosecution relied upon the evidence of four witnesses, namely, P.N. Desai (PW 1), Jacob (PW 2), Bharat Trivedi (PW 3) and Chuni Lal Barad (PW 46). The learned trial judge, however did not accept the evidence of Jacob (PW 2) and Chuni Lal (PW 46) as dependable to prove the identity of the appellant being the driver of the said truck. However, in our considered view, the evidence of P.N. Desai (PW 1) and Bharat Trivedi (PW 3) is totally unblemish and credible one to establish the identity of the appellant being the driver of the said truck. P.N. Desai (PW 1) in his evidence had stated that he had seen the appellant 4 to 5 times before the incident in the B B Transport Company. He came to know the name of the appellant six months befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... injuries and later on died in the hospital. In view of these circumstances, we have no manner of doubt that the appellant had intentionally caused the deaths of Mahindersinh Rayjada and Somaji Thakor. 9.The FIR was lodged by P.N. Desai (PW 1) within a few hours wherein the name of the appellant being the driver of the truck No. GTE-7461 was mentioned. The FIR also made a mention of all details about the incident and it fully corroborates the evidence of P.N. Desai (PW 1). The evidence of P.N. Desai (PW 1) finds corroboration from that of Bharat Trivedi (PW 3) who had also sustained minor injuries during the incident in question. He asserted that he was standing at a distance of 60 to 70 feet when the truck dashed against Mahindersinh Ray ..... X X X X Extracts X X X X X X X X Extracts X X X X
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