Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 1462 (SC)

Gafrya v. State of Maharashtra

2019-05-29

A.S.BOPANNA, M.R.SHAH

body2019
ORDER : 1. We have heard Shri R.K. Rathore, learned Amicus Curiae appearing on behalf of the appellant as well as Shri Nishant Ramakantrao Katneshwarkar, learned counsel appearing on behalf of the respondent-State of Maharashtra. 2. We have perused the record and considered the judgment and order passed by the Trial Court as well as the impugned judgment and order passed by the High Court convicting the accused for the offence punishable under Sections 147, 148 and 302 read with 149 IPC. We have re-appreciated the entire evidence on record. We have also gone through the depositions of PW-1 and PW-2 who are the eye witnesses to the incident. Both of them have wholly supported the case of the prosecution. The depositions of PW-1 and PW-2 that the appellant caused the injury by shot of arrows as well as by axe has been corroborated by the medical evidence. Therefore, the prosecution has been successful in proving the case against the appellant also. 3. In view of facts and circumstances of the case, we see no reason to interfere with the impugned judgment and order passed by the High Court dismissing the appeal and confirming the order of conviction passed by the Trial Court. Under these circumstances as such, the appeal deserves to be dismissed. 4. At this stage, it is required to be noted that after the incident, the appellant absconded for about twelve years and after that he was apprehended and arrested. It is reported that after the appellant was convicted and sent to jail, while he was kept in the open jail, again he was absconded from the jail in the year 2016 and since then he is still absconding. 5. Be that as it may and in view of the observation above, the present appeal deserves to be dismissed even on merits also. In view of the reasons stated above, the present appeal fails and is accordingly dismissed.