Mustak @Kanio Ahmed Shaikh


State of Gujarat

Criminal Appeal No. 488-489 of 2017

Provisions Involved

Section 307 of the IPC, section 114 of IPC, section 25(1) (B) (a) of the Arm’s act, section 135(1) of Bombay police act.


This appeal is against the judgement of division bench of the High Court of Gujarat at Ahmedabad. In this case victim Dr. Jaydeep Patel, who was going to his laboratory around 4:45 pm on 3.12.2002. in his car driven by his driver Jignesh G. Vyas. He was shot near the Galaxy cinema where the car had to slow down at the speed breaker. Victim was shot from a pistol by one accused on motor cycle driven by the appellant. The victim was shot below the left eye and he was in a severe injury. Three other weapons- a country made pistol, a pistol made in England and a pistol made in China. The third accused Abhas beg Habibbeg Mirza discharged from the charges as no evidence found against him. He was not present at place of offense.


Appellant files the appeal for denial of conviction orders. He files the appeal against the orders of HC.


It is observed in this case that the victim himself is sufficient for the identification of accused as victim considered the eye witness. It is also said that minor difference in the evidence and inability to recall all details after several years do not prove the evidences corrupt or false.


The appeal was dismissed and declared the conviction ofthe appellant and imprisonment enhanced to seven years instead of six by the High Court.