ABDULWAHAB ABDULMAJID BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 24.8.2007 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 1095 of 1999 whereby and where under a judgment of conviction and sentence passed by Additional City Sessions Judge, Ahmedabad in Sessions Case No. 13 of 1997 and 14 of 1997 for commission of offences punishable under Sections 302, 365, 387, 332 read with Section 34, 120B, 201 and 202 of the Indian Penal Code ("IPC" for short) and under Sections 21(1)(a) and 27 of the Arms Act was confirmed.

(2.) An identified dead body of a male was found to be lying near Sahakari Cold Storage, just opposite Munda Gate and Telephone Exchange. On or about 4.9.1993, H.P. Kohri, Police Sub-Inspector (PSI), Gaekwad Haveli Police Station received information thereabout. A firearm injury on the forehead above the left eye was found on the person of the deceased. During post-mortem examination, a bullet was taken out from the person of the deceased. A First Information Report ("FIR" for short) was lodged by the said Police Officer, which was registered as I.C.R. No. 161/93.

(3.) During investigation, the dead body was found to be of one Bhagvandas Dwarkadas Sindhi. It was reported that the deceased, who was dealing in illicit foreign liquor, had some dispute with one Abdulwahab Sheikh (Accused No. 24) (since deceased), who had also been carrying on identical business. A conspiracy was said to have been hatched by and between Accused No. 24, Abdulwahab (Accused No. 1), Abdulsattar (Accused No. 25) and Rasulkhan @ Rasulparti to abduct and to extort money from him.