FAJALBHAI FATEHBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of a judgment and order rendered by the City Sessions Court, Ahmedabad, in Sessions Case No. 301/2003, on 17.3.2005. The appellants were charged with the offences punishable under Sections 323, 294(B) & 302 read with Section 34 or 114 of the Indian Penal Code [IPC for short] by the trial Court. The learned Principal Sessions Judge, Ahmedabad City, by judgment and order dated 17.3.2005 convicted the appellants-accused for the offences punishable under Sections 302 and 323 read with Section 34 of IPC and sentenced them to undergo R.I for life and to pay a fine of Rs. 1000/- each, in default to undergo further R.I for six months, for the offence under Section 302 IPC. For the offence punishable under Section 323 IPC, all the appellants-accused were sentenced to undergo R.I for six months and to pay a fine of Rs.500/- each, in default, to undergo further R.I for two months. The trial Court acquitted all the accused persons of the offence punishable under Section 294 IPC.

(2.) The incident occurred on 17.5.2003 at about 6.30 P.M in Rohilavad of Raikhad area, Ahmedabad when a quarrel erupted suddenly on the question of parking a bicycle between Kalubhai Jummabhai and the accused-appellants. Mohid Hatimbhai, brother-in-law of Kalubhai Jummabhai, tried to intervene and in that, it is the case of the prosecution that the assailants turned on him, where accused No.3, Jahir Fajalbhai gave a kick blow on the abdomen of deceased Mohid and upon the deceased falling down, all the accused persons gave kick blows to him. It is the further case of the prosecution that accused No.4, Salim, dragged the deceased by his legs and caused hurt to him with the help of stone. The deceased ultimately succumbed to the injuries and an offence was registered with Gaikwad Haveli Police Station upon lodging of an FIR by Nasimbanu, daughter of Kalubhai. The case was investigated and charge sheet was filed in the Court of learned Metropolitan Magistrate, Ahmedabad, who, in turn, committed the case to the City Sessions Court, where it was registered as Sessions Case No.301/2003.

(3.) Charge at Exh.1 was framed, which was read over and explained to the appellants-accused, who pleaded not guilty to the same and claimed to be tried.