STATE OF GUJARAT Vs. POPAT BIJAL
LAWS(GJH)-1960-10-6
HIGH COURT OF GUJARAT
Decided on October 13,1960

STATE OF GUJARAT Appellant
VERSUS
POPAT BIJAL Respondents

JUDGEMENT

V.B.RAJU - (1.)Confirmation case 3 of 1960 and Criminal Appeals 450 and 470 of 1960 will be disposed of by this judgment. They arise out of the judgment of the learned Extra Additional Sessions Judge Ahmedabad in Sessions Case No. 54 of 1960 convicting one Popat Bijal who was accused No. 1 at the Sessions trial under sec. 302 Indian Penal Code for having committed the murder of one Bai Shanta at about 8 p. m. on 5-5-1960 at the village of Transad. He has been sentenced to the extreme penalty of death. The learned Extra Additional Sessions Judge has referred the conviction and sentence to us for confirmation. Popat Bijal has filed an appeal against his conviction and sentence which is Appeal No. 450 of 1960. His wife Bai Shamju who was accused No. 2 convicted under sec. 302 read with sec. 109 Indian Penal Code for having abetted Popat Bijal her husband in committing the murder of Bai Shanta. Bai Shamju has been sentenced to imprisonment for life and she has filed Appeal No. 470 of 1960.....................
(2.)The learned Judge has made a note on the deposition of a witness that the demeanour of the witness is of a person who tried to suppress the truth and favour the accused. It is not clear from the record what exactly there was in the demeanour of the witness to make the Judge infer that the witness was trying to suppress the truth and favour the accused.
(3.)Merely because a witness does not state facts which are incriminatory of the accused and which other witnesses have deposed to it cannot necessarily be inferred that the witness is trying to suppress the truth and to favour the accused. His evidence may be true and that of the other witnesses false. The demeanour of a witness is his bearing or outward behaviour. It is distinct from the impression made on the Judge by the demeanour. Remarks made by a Judge on the demeanour of a witness should relate to the demeanour of the witness..................
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