ULLAS KISANSINH THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This set of Criminal Appeals and Criminal Revisions arise out of a judgment and order rendered by Sessions Court, Vadodara in Sessions Case No.208 of 2000 on 9.3.2004.

(2.) An incident occurred on 25.6.1999 at about 18-40 Hours in Royal Telecom Shop at Bahranpura, Vadodara wherein one Rais Abdul Sattar Mansuri was assaulted upon by four persons as per the prosecution case. In the assault, one Ullas Kishansinh Thakore inflicted a dagger blow on the left chest of the victim, which resulted into his death. As per the prosecution case, the deceased was running the said Royal Telecom STD/PCO shop. One Kanaksinh @ Kanu @ Kalyansinh Motisinh Thakore, original accused No.1, went to his shop for attending a call and it is the case of the prosecution that the victim told A-1 that it is not possible as conference call was going on. A-1, therefore, left the shop and returned to the shop after about 10 to 15 minutes along with Ullas Kishansinh Thakore A-2, Sanjay @ Shambhu Balasaheb A-3 and Jagdish Motisinh Thakore A-4. A-1 was armed with a sword, A-2 was armed with a dagger, A-3 had a stick in his hand and A-4 was armed with a chain. They all went to the shop. A-1 picked up a quarrel with the deceased and immediately A-2 inflicted the dagger blow in the chest of the deceased. As per the prosecution case, A-2 inflicted another blow at the deceased, but somehow it did not fell on him. This incident was witnessed by PW-1 Shakeel @ Sikander Abdul Sattar Mansuri, brother of the deceased, who was in the shop with the deceased at the time of occurrence and PW-2 Muhammad Hanif Abdul Razzak Shaikh, a rickshaw driver. As per the prosecution case, there were three other eye witnesses, namely, Ganibhai, Ashishbhai and Samir, whom, however, the prosecution chose not to examine.

(3.) The Investigating Agency filed charge-sheet in the Court of CJM, Vadodara, who in turn, committed the case to the Court of Sessions and Sessions Case No.208 of 2000 came to be registered. Charge was framed against the four accused by the trial Court at Exh.8 for the offences punishable under Sections 302, 452, 504, 506 all read with Section 34 of IPC and Section 135 of the Bombay Police Act. All the four accused pleaded not guilty to the charge and claimed to be tried.