HIKMATALI SHERKHAN MEWATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant-original accused seeks to challenge judgment and order dated 9th March, 2006, passed by the learned Sessions Judge, Valsad, in Special Case No. 50 of 2006, convicting the accused-appellant for the offence of murder punishable under Section 302 of IPC and sentenced the accused to undergo life imprisonment with fine of Rs. 1,000/-.

(2.) THE case of the prosecution in nutshell is that PW-1 Pravinbhai Chhanabhai Patel, Exh. 9 lodged a First Information Report Exh.10 on 2nd February, 2006 at around 23.45 hours stating that in the morning of 2nd February, 2006 at around 8' O Clock, he went to Bhadokmora Silvassa Road in his autorickshaw and at around 5' O Clock in the evening, he came home to have his food; after having food he once again left at around 6.30 in the evening in search of a customer as he was plying an autorickshaw and was earning his livelihood out of the same. At around 10.45 in the night, first informant's nephew named Ketan Babubhai Patel came and informed the first informant that an unknown person came from the direction of Cine Park Talkies bleeding profusely and has fallen down at the doorsteps of the first informant. The nephew also informed the first informant that the unknown person was unable to speak anything and appeared to be dead. On learning this, the first informant immediately rushed to his house and saw that one unknown person in the age group of 25-30 wearing a blue grey cream bush-shirt and a jeans was lying in a pool of blood with injuries on his right shoulder and stomach. As the first informant was unable to identify the person, he immediately called up the Sarpanch of the village, on telephone, named Mukesh Rameshbhai Patel and asked the Sarpanch to reach at the place where the dead body of the unknown person was lying. The Sarpanch inturn informed the Police and the Police accordingly arrived at the place where the dead body was lying. Thereafter the first information report came to be registered at Vapi Town Police Station.

(3.) VIDE Exh.4 dated 24th July, 2006, charge came to be framed against the accused-appellant for the offence punishable under Section 302 of IPC, to which the accused-appellant pleaded not guilty. During the course of trial, prosecution examined the following witnesses:-