YAKUB ISMAILBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present criminal appeal arises out of the judgment and order dated 29-8-2003 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 327 of 1998 wherein the High Court confirmed the conviction of the Appellant along with two other co-accused for offence under Section 302 read with Section 34 of the I.P.C. and sentenced them to imprisonment for life.

(2.) The brief facts of the present case are as under: On 25-8-1995 at about 13.15 hrs. the Ahmedabad Railway Police received a Vardhi from one Abdulmajid that a knife blow has been inflicted on Nazim at Kankaria Loco Shed. On the strength of the said entry, Police Sub-Inspector went to the scene of occurrence, prepared inquest report of dead body and also drew panchnama of scene of occurrence. In the meantime, at about 17.40 hrs. complaint was given by Munna @ Gheti Mohamadshafi Shaikh. In the said complaint, it is stated that he happens to be a friend of Nizamuddin Ismailbhai (deceased) for the last 15 years and the said Nizamuddin has been allotted one quarter in B scale colony of Kankaria railway colony, but he was not residing there. He gave the quarter to his relative. Nearby the quarter of Nizamuddin, Yakubbhai Patel (accused No.1) was residing. The Complainant also used to visit the said quarter along with Nizamuddin. On 24-8-1995, there was altercation and quarrel in between accused No.1 and deceased in respect to the said quarter, as he wanted to get it evicted. On 25-8-1995, the day of the incident, while the said Munna @ Gheti was returning from the house of his friend, somewhere near Kankaria railway colony, he saw accused No. 1 and accused No.2 along with other person. They were running. There was Jamaiya (kukari) in the hands of accused Nos. 1 and 2. Therefore, he went towards the fuel room of diesel shed, where he saw the dead body of Nizamuddin in a pool of blood lying near the railway track. One Raju was also there. In the inquiry, he could gather from the said Raju that accused No.1 and 2 along with one another person had inflicted injuries on the person Nizamuddin and thus has resulted into death. The said Munna had also seen the injury on the throat and on the face of Nizamuddin.

(3.) During investigation, police recorded the statements of witnesses, panchanamas were drawn in respect of the clothes of the deceased, discovery of weapons at the instance of the accused persons and post mortem note of the deceased was collected. Incriminating articles were also collected for having scientific examination. Police arrested accused Nos. 1 and 2 and Tapan @ Tondi Shashdhar accused No.3 on 19-09-1995. After completion of investigation, accused came to be charge-sheeted on 16-12-1995 before the Metropolitan Magistrate, Court No. 5, Ahmedabad. The said charge-sheet was for the alleged offences punishable under Sections 302 and 304 of the I.P.C. and Section 135 of the Bombay Police Act. It was numbered as Criminal Case No. 2833 of 1995. The Metropolitan Magistrate, in turn, committed the said Criminal Case No. 2833 of 1995 of his file to the Court of Sessions Ahmedabad on 1-2-1996 and it was numbered as Sessions Case No. 101 of 1996. Charge was framed against all the three accused. They pleaded not guilty to the charges and claimed to be tried.