Indira Banerjee JUDGMENT
Indira Banerjee, J.
1. This appeal is against a common judgment and order dated 29th September 2015 passed by a Division Bench of the High Court of Gujarat at Ahmedabad, dismissing Criminal Appeal No. 1145 of 2006, filed by the Appellant, partly allowing Criminal Appeal No. 567 of 2006, filed by Respondent State, affirming the judgment and order of conviction dated 18th January 2006, passed by Additional City Sessions Judge (Court No. 6) at Ahmedabad City in Sessions Case No. 245 of 2004, but enhancing the sentence of rigorous imprisonment from six to seven years, for offence Under Section 307 of the Indian Penal Code.
2. The learned Sessions Judge had, by his aforesaid judgment and order convicted the Appellant and one Salim alias Salim Chaurala Yakubhai Patel, hereinafter referred to as the first Accused, of offence punishable Under Section 307 read with Section 114 of the Indian Penal Code and Section 25(1)(B)(a) of the Arms Act read with Section 135(1) of the Bombay Police Act for targeting and attempting to murder one Dr. Jaydeep Patel, hereinafter referred to as the victim, by aiding and abetting each other. The third Accused, Abhasbeg Habibbeg Mirza, was acquitted of all the charges levelled against him.
3. The learned Sessions Judge sentenced the Appellant and the first Accused to undergo rigorous imprisonment for six years for offence Under Section 307 read with Section 114 of the Indian penal Code, rigorous imprisonment for three years for offence Under Section 25(1)(B)(a) of the Arms Act and rigorous imprisonment of six months for violation of Section 135(1) of the Bombay Police Act, to run concurrently. By the judgment and order under appeal, the High Court has inter alia confirmed the judgment and order of conviction of the Appellant and the first Accused, passed by the Session Judge, but enhanced the sentence of imprisonment for offence Under Sections 307/114 of the Indian Penal Code to seven years instead of six.
4. It is the case of the Prosecution that the victim, who was going to his laboratory from his residence at around 4.45 p.m. on 3.12.2002, in his Indica Car bearing the Registration No. GJI HE 1575, driven by his driver Jignesh G. Vyas, being the complainant, was shot near the Galaxy Cinema, from a pistol fired by the first Accused, from a motorbike, driven by the Appellant, on which the first Accused was the pillion rider.
5. When the car had to slow down to negotiate a speed breaker, as it was approaching the Galaxy Cinema, the Appellant suddenly stopped the motorbike beside the victim's car, on the side the victim was sitting, and the first Accused took out a pisto........