NDLI: Mustak @ Kanio Ahmed Shaikh Vs. State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arms Act Murder Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Bombay Police Act, 1951 (22 of 1951) Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s.307 r/w. s.114 – Arms Act – s.25(1)(B)(a) – Bombay Police Act – s.135(1) – Attempt to murder – Prosecution case that victim, who was going to his laboratory was shot on face in his car from a motorbike driven by the appellant – The first accused was the pillion rider – The bullet was operated and removed – Thereafter, the statement of victim was recorded by the investigating officer – Both appellant and the first accused were arrested – The Trial court convicted the appellant and the first accused of the offence punishable u/s.307 r/w. s.114 IPC and s.25(1)(B)(a) of the Arms Act r/w. s.135(1) of the Bombay Police Act – Both the complainant -driver of victim and the victim had identified the appellant – The Trial court sentenced the appellant and the first accused to undergo rigorous imprisonment for six years – The High Court enhanced the sentence of imprisonment for offence u/s.307 r/w s.114 IPC to seven years instead of six – Before the Supreme Court, the appellant contended that identity of the appellant was not established – Held: The appellant was identified by both the victim and the complainant apart from pancha witness – Be that as it may, the testimony of an injured victim is sufficient for conviction – The complainant had identified the appellant as the driver of the motor cycle – The Judicial Magistrate had corroborated identification of the appellant by the complainant in the Test Identification Parade – It is also clear that the appellant as well as the dummies were brought before the Judicial Magistrate before the witness arrived – The defence was not able to show any infirmity in the identification parade of the appellant which vitiates the identification – Further, the pancha witness testified to the recovery of the weapon in his presence, at the instance of the appellant and identified appellant in Court – Also, the prosecution had established from the ballistic report and the evidence of FSL experts that the bullet that was extracted from the body of the victim, was fired from the weapon recovered on the confession of the appellant – The Trial court had successfully established the chain of events, linking the crime to inter alia the appellant – Thus, the conviction and enhancement of sentence imposed on appellant by the High Court affirmed.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2020 INSC 435
Petitioner	Mustak @ Kanio Ahmed Shaikh
Respondent	State Of Gujarat
SCR	[2020] 5 S.C.R. 360
Judgement Date	2020-06-18
Case Number	488

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