YAKUB ISMAILBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-original accused, by filing this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (to be referred to as the Code for the sake of brevity) have challenged the judgment and order dated 13th February, 1998 rendered by the learned Addl.Sessions Judge, Ahmedabad City in Sessions Case no. 101 of 1996 by which judgment and order the appellant no. 1 was convicted under Sec. 302 of the Indian Penal Code and appellant nos. 2 & 3 were convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced them to imprisonment for life.

(2.) The brief facts of the present case are as under: On August 25, 1995 at about 13-15 hrs. the Ahmedabad Railway Police received a Vardhi from one Abdulmajid containing that "knife blow is inflicted on Nazim at Kankaria Loco Shed." In this regard entry no. 24/95 was recorded in police station diary. On the strength of the said entry, P.S.I. Prajapati of Ahmedabad Railway police station went to the scene of occurrence, prepared inquest report of dead body and also drew panchanama of scene of occurrence. In the meantime, at about 17.40 hrs. complaint was given by Munna @ Gheti Mohamadshafi Shaikh. In the said complaint, it is stated that he happens to be a friend of Nizamuddin Ismailbhai (deceased) for the last 15 years and said Nizamuddin has been allotted one quarter in B scale colony of Kankaria railway colony but he was not residing there. He gave the quarter to his relative. Nearby the quarter of Nizamuddin, Yakubbhai Patel (accused no. 1 ) was residing. The complainant also used to visit the said quarter along with Nizamuddin. On 24.08.1995, there was altercation/dispute and quarrel in between accused no. 1 and deceased in respect to the said quarter, as he wanted to get it evicted. On 25.08.1995 (the day of incident) while said Munna @ Gheti was returning from the house of his friend, somewhere near Kankaria railway colony, he saw accused no. 1 and accused no. 2 along with other person. They were running. There was Jamaiya (kukari) in the hand of accused no. 1. There was also Jamaiya in the hands of accused no. 2. Therefore, he went towards fuel room of diesel shed, where he saw the dead body of Nizamuddin in a pool of blood lying near railway tracks. One Raju (witness) was also there. In the inquiry, he could gather from said Raju that accused no. 1 & 2 along with one another person had inflicted injuries on the person of Nizamuddin and thus has resulted into his death. Said Munna had also seen the injury on the throat and on face of Nizamuddin. His said FIR/complaint was registered as I C.R.No. 223/95 with Ahmedabad Railway police station.

(3.) During the investigation, police recorded the statements of witnesses, panchanamas were drawn in respect of the clothes of deceased, discovery of weapons at the instance of accused persons and post mortem note of deceased was collected. Incriminating articles were also collected for having scientific examination. Police also arrested accused no. 1 & 2 and Tapan @ Tondi Shashdhar accused no. 3 on 19.09.1995. After completion of investigation, accused came to be chargesheeted on 16.12.95 before the learned Metropolitan Magistrate, Court no. 5, Ahmedabad. The said chargesheet was for the alleged offences punishable under Sec. 302, 34 of I.P.C. and Sec. 135 of the Bombay Police Act. It was numbered as Criminal case no. 2833/95.