BALOCH HAMIDKHAN SORABKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT convict Baloch Hamidkhan Sorabkhan (original accused No.1) has preferred Criminal Appeal No.769 of 2006 and Criminal Appeal No. 863 of 2006 is preferred by Saiyad Nurumiya Kalumia (original accused No.4) and have challenged the judgment and Order dated 20th March, 2006, passed by the learned Additional Sessions Judge, Patan, in Sessions Case No.43 of 2004, by which they came to be convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and have been sentenced for life imprisonment and fine of Rs. 5,000/ - and in default simple imprisonment for one year.

(2.) THE brief facts of the prosecution case are as under:

(3.) PURSUANT to the complaint lodged by Gajikhan, the investigating agency collected material against the accused persons and having found sufficient material against the accused, filed charge sheet in the court of learned Judicial Magistrate, First Class, Patan, who in turn, committed the case in the court of Sessions Judge, Patan. The charge was framed at Exhibit -11 by the learned Additional Sessions Judge, Fast Track Court No.2, Patan, against four accused. Out of which, the prosecution was successful in establishing its case against accused No.1 and accused No. 4 and by judgment and order, the learned Sessions Court acquitted the original accused No. 2 and 3 i.e. Sorabkhan Sherkhan and Sikandarkhan Sorabkhan from the charges leveled against them. However, accused No.1 Hamidkhan Sorabkhan and accused No. 4 Saiyad Nurumiya Kalumiya are convicted and sentenced for the offences as stated here -in -above.