MOHMAD FAROOQ ABDULGAFAR MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 29.12.1989 passed in Sessions Case No.218 of 1987 by the Learned Additional Sessions Judge, Court No.2, Ahmedabad recording conviction of the appellant-accused for the offence under Section 307 of the Indian Penal Code and imposing rigorous imprisonment for five years.

(2.) The facts of the case briefly summarized are that on 26.06.1987 at about 02:45 a.m. the complainant had gone to his milk cabin, which he was running and when he was taking crate of milk bottle in the cabin, the accused is said to have entered into the cabin and had asked for milk pouch. In response thereto, the victim is said to have stated that it is not available now and then he again started doing his work. At that time, the accused is said to have assaulted with knife causing injuries on neck and forehead. Therefore, the victim raised shout and started running, however, due to injuries, he fell down near Khodiyar Temple. At that time, one Bhargav Joshi came there and victim is said to have asked him to inform his son stating that the accused has assaulted him. In pursuance of that, son of the victim reached the scene of offence and, thereafter, the victim was taken to Shardaben General Hospital for treatment and then, the complainant was referred to V.S. Hospital for further treatment.

(3.) On the basis of said complaint, offence being C.R.No.I-185/1987 came to be registered with Gomatipura Police Station for the offence under Section 307 of the Indian Penal Code. After the investigation was over, the chargeheet was filed and as the offence under Section 307 of Indian Penal Code is exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter, the Learned Additional Sessions Judge, Court No.2, Ahmedabad framed charge against the appellant-accused for the offence under Section 307 of Indian Penal Code and proceeded with the trial.