ABBAKHALID ABDULLA AARAB Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - original accused has filed this Appeal under Section 374 of Cr.P.C., challenging the Judgment and order of conviction dated 01.04.1998 passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 86 of 1997, whereby the learned Additional Sessions Judge has held the appellant - accused guilty for the offences charged against him.

(2.) BRIEF facts of the prosecution case is that complainant Ismailbhai Huseinmiya has lodged the complaint before the Police alleging that at about 1.30 in the mid night of 11.3.1997 when his brother Abdullabhai was proceeding towards his house, at that time, on the way respondent - accused had abused him and demanded money and thereafter quarrel took place between the accused and Abdullabhai. It is alleged that at that time the accused took out the 'Chhari' (knife) and gave blows of Chhari on the chest of Abdullabhai. Abdulbhai fell down on the ground and the blood was oozing from the body of injured who was lying on the earth. The accused thereafter ran away. The injured was shifted to the Hospital and from the Hospital the message was sent to the Police. Thereafter, the complainant - brother of the accused, lodged the complaint against the accused with 'C' Division Police Station, Bhavnagar, vide CR No. I -42/97 for the offence punishable under Section 307 of I.P. Code and under Section 135 of the Bombay Police Act.

(3.) ON completion of necessary procedure, the charge -sheet against the accused came to be submitted before the concerned Court. The prosecution has examined the witnesses and also relied upon the documents produced on record and at the end recorded the statement of accused under Section 313 of Cr.P.C. At the conclusion of the trial, after considering the oral as well as documentary evidence led by the parties and the arguments advanced, the learned Additional Sessions Judge, vide impugned Judgment and order dated 01.04.1998, held the accused - appellant guilty for the offence punishable under Section 307 of I.P. Code and awarded sentence to the accused to under -go rigorous imprisonment for four years and to pay fine of Rs. 500/ - in default to undergo R.I. for three months.