LAL MOHAMMAD MANJUR ANSARI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) The appellant­accused has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short, 'IPC') by the Sessions Court. By the impugned judgment, the High Court has confirmed the appellant's conviction. The appellant has been sentenced to undergo life imprisonment.

(2.) The appellant raised a plea of juvenility. By the order dtd. 10/4/2023, this Court directed the Trial Court to hold an inquiry into the plea of juvenility. Accordingly, an order was made by the learned Trial Judge on 8/4/2023. The learned Trial Judge held that the appellant was not a juvenile in conflict with the law on the date of the commission of the offence. After that, leave was granted, and the appeal was heard on merits.

(3.) The incident occurred on 6/9/2004. The accused was staying in room no. 3 rented to him by PW­3 ­ Alimuddin Amiruddin Shaikh. According to the prosecution, the deceased - Mohmed Akhtar Gafur Ansari, was also staying in the room no. 3, along with the appellant. There was a dispute between them about playing music. The dispute led to an altercation in which the appellant attacked the deceased. The injuries sustained by the deceased caused his death. The prosecution case is based on the evidence of eyewitnesses PW­3 to PW­9, extra­judicial confession by the appellant made to PW­19 ­ Mohammad Afroz and dying declaration made by the deceased to PW­24 ­ Mohd. Rafiq. Though PW­3 to PW­9 were declared hostile, the Trial Court and High Court have relied on certain parts of their testimony. The High Court has believed the testimony of PW19 and PW­24.