Vijaybhai Ramabhai Tadvi vs State Of Gujarat
2021 Latest Caselaw 1828 Guj

              R/CR.A/1183/2020                             IA ORDER



                IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

     CRIMINALMISC.APPLICATION(FORSUSPENSIONOF SENTENCE) NO. 1 of 2020
                    In R/CRIMINALAPPEALNO. 1183of 2020
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VIJAYBHAIRAMABHAITADVI Versus STATEOF GUJARAT ========================================================== Appearance:

for the PETITIONER(s)No.

HCLSCOMMITTEEfor the PETITIONER(s)No. MRNEERAJSONIfor the PETITIONER(s)No. MS KRINACALLAAPPfor the RESPONDENT(s)No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE A.C. RAO

Date: 08/02/2021 IA ORDER (PER: HONOURABLEMR. JUSTICEA.J.DESAI)

1. The present application has been filed under Section 389 of Cr. P.C., by the applicant - appellant, seeking suspension of his sentence pending Criminal Appeal No.1183 of 2020 arising out of the judgment and order dated 9.1.2020 passed by the learned Principal District & Sessions Judge, Chhota Udepur in Sessions Case No. 38 of 2018.

2. Heard learned advocate Mr. Neeraj Soni for the applicant and learned APP Ms. Krina Calla for the respondent State and perused the evidence produced on record.

3. The dispute is amongst the husband and wife pursuant to which, the deceased wife was dropped by the husband present applicant at her uncle's house at Chhota Udepur and in the night hours, it is alleged that she was attacked by axe which was witnessed by two witnesses i.e. uncle

R/CR.A/1183/2020 IA ORDER

and aunt of the deceased and they had seen the applicant running out from the place of incident.

4. We cannot discard the evidence of the eye-witnesses at this stage or re-evaluate the fact as the application is under Section 389 of the Code of Criminal Procedure, particularly when the trial Court after examining the evidence in detail, has convicted the applicant for murder of his wife.

5. In view of the above, present application is rejected.

(A.J.DESAI,J)

(A. C. RAO,J) KAUSHIKD. CHAUHAN