APPEAL AGAINST CONVICTION U/S 374(2)

OF Cr.P.C (Punishment for Murder)

IN THE HIGH COURT OF JUDICATURE AT AHMEDABAD

IN THE CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO 290 OF 2020

IN

SESSION CASE NO. 123 OF 2020

(IN AHMEDABAD POLICE STATION C.R. NO. 99 OF 2020)

DIST: AHMEDABAD

ABC, 30 yrs

A-12, Basant Vihar Colony, XYZ,

Ahmedabad,

Presently in Judicial Custody- Ahmedabad Central

Jail ……….Appellant

Versus

State ……….Respondent

IN THE MATTER OF CRIMINAL APPEAL UNDER

SECTION 374(2) OF CODE OF CRIMINAL PROCEDURE

AND

IN THE MATTER OR ORDER OF SENTENCE PASSED BY

THE LEARNED TRAIL JUDGE IN SESSION CASE NO 123

OF 2020, AWARDING LIFE IMPRISONMENT FOR

OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.

To,
 The Honourable Chief Justice

And Other Honourable Companion Justices

Of the High Court of Judicature,

Ahmedabad.

THE HUMBLE APPEAL OF THE ABOVENAMED APPELLANT UNDER SECTION

374(2)

OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHEWETH:

On behalf of the Appellant, it is respectfully stated and submitted, as under:-

1. That the Appellant was prosecuted in the court of Sessions, Ahmedabad for the offence
punishable under Section 302 of IPC vide C.R. NO. 99 Of 2020. On conclusion of the Trial,
the appellant was convicted by the Learned Trial Judge the Appellant was sentenced to suffer
life imprisonment. (Hereto annexed and marked as Exhibit-A is the copy of Judgement and
Order dated 12.12.2020 passed by the Ld. Session Judge, Arun Kumar in Session case no 123
of 2020.) (Annexure-1)

2. The story of the prosecution is which is reflected in the Judgement and Order passed by the
Judge is as under:-

There was rivalry between the deceased and the appellant in the business of transport.
Deceased had a transport business in the same city. The appellant gave a party at his on
22/02/2020 where all the person of Transport business and other friends were invited.
The location of the party was farmhouse at the outer location of the city. The deceased
was also attended the party, the party was going on up to 2.00 PM. Later on, the
deceased was found dead in his card near the farmhouse of the appellant. . According
to one of the Prosecution Witness who has attended the party gave a statement:
“Everyone had left the farmhouse at 2.00 PM but the deceased and the appellant
remained there in the farmhouse.” The forensic report said that fingerprint of the
 appellant found on the car of the accused. The Post-mortem report said that the reason
for death is “poison in the drink”. The deceased was habitual drinker of alcohol. There
are two bottles of alcohol found in the car of the deceased.” The accused was sentenced
to Life Imprisonment on 12/12/2020 by Learned Session Judge Arun Kumar.

3. Being aggrieved by the aforesaid Judgement and Order dated 02.01.2020, the Appellant
begs to prefer to prefer this Appeal on the following amongst other grounds:-

GROUNDS

a) That the Judgement and Order is contrary to law and the material on record and,
therefore , the finding arrived at are vitiated as illegal and bad in law and therefore
the judgement is to be set aside.

b) That while appreciating the evidence on record the Learned Trail Judge erred in law,
as a result appellant was convicted wrongly under Section 302 of IPC.

c) That the Learned Judge in the given case ignored the lacunae in evidences presented
by the prosecution. Investigation Officer had not done the investigation properly as
there was many errors in Charge sheet filled by him, the Panchanama’s of scene were
not attested by proper witnesses, the fingerprint of appellant was not found anywhere
on the body of deceased, the car was not seized at the proper time from the crime
scene, hence the Investigation was improper. (Annexure-2) (Annexure-3)

d) That the Learned Trail judge he muddammal article produces was not properly
sealed and was not identified by the panchas of panchanama., that were sealed after
recovering from the crime scene.

e) That the Learned Trial Judge ought to have appreciated the article seized from the
crime scene was not properly sealed and when it was identified by the (Prosecution
Witness 1), he denied for the same and became hostile.

f) That the Learned Trial Judge ought to have appreciated that the evidence of
(Prosecution Witness 2) Investigation Officer stated in his statement that as there
were no panchas for panchanama Constable was made witness in the Panchanama
 therefore panchanama cannot be relied on and it takes away the credibility of
Panchnanama as evidence

g) That the Learned Trial Judge ought to have appreciated the evidence that the last
person in the party was Appellant and Deceased but ignored the evidence which
proved the presence of Appellant at the office during the whole night, for the same
Defence Witness 1 gave his statement.

h) That the Learned Trial Judge ought to have appreciated the Investigation Officer in
his statement stated that the car was recovered form road near farmhouse of the
Appellant but the address in panchanama does not collaborate the same, the
credibility of such statement cannot be accepted.

i) That the Learned Trial Judge ought to have appreciated that the presence of
Appellant at his farmhouse, but it is humanly impossible to be present at two places
at the same place. As there was no eyewitness for the same to prove the presence of
Appellant at the crime scene

j) That in the absence of cogent, corroborative, reliable, admissible, clear it is not fair
to convict Appellant on the basis of such evidences and interested witness in the
matter.

k) That the Learned Trial Judge’s Judgement and Order is unsustainable and bad in law
and deserve to be set aside.

4. Appellant submits that there was not any other Appeal has been filed regarding the
impugned Judgement and Order, either before this Honourable Court and in Supreme Court
regarding this matter.

5. That the Appellant crave leave to refer and to rely upon the various authorities and

submissions made by the appellant in this matter

6. That the Appellant crave leave to refer and to rely upon the charge sheet and other exhibited

Document in support of the issue of this matter.

 7. That the Applicant craves leave to add, amend, delete, change, alter, modify any of the

foregoing para with the permission of this Hon’ble Court.

8. That the Appellant submits that the Appeal was files within the prescribed time limit

according to law.

9. That the Appellant was in custody therefore the verification may kindly be dispensing

of.

10. Under the facts and circumstances stated above, it is prayed from this Hon'ble Court may

graciously be pleased, in terms of justice:.

a) To call for the records and proceedings of this case and after pursuing the
same, to set aside the Judgement and Order dated 12.12.2020 passed by the
Learned Trial Judge, A. Kumar in Session Case No 123 Of 2020 and to acquit
the Appellant.

b) Considering the facts and circumstances of the case, to expedite the hearing of
this Appeal.

c) Till this application is pending and final disposal of the Appeal the Appellant be
released on bail, on term and condition as this Honourable Court deem fit and
proper.

d) Pending the hearing and final disposal of this Appeal, the fine imposed by the
Learned Judge may kindly postponed till disposal of this appeal.

e) To grant interim relief as prayed in clause (b), (c) and (d).

f) To pass such further relief, as this Honourable Court deem fit and proper.

And for this act of kindness the Applicant shall ever pray of

Dated this Day 20th of May, 2021.

 Advocate of Appellant

MOHAMMAD AAZAM