MAMMAD OSMAN DHARAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - accused was convicted by the Additional Sessions Judge, Fast Tract Court No. 2, Kutch Bhuj for the offence punishable under section 302 of Indian Penal Code and section 135 of B.P. Act and was sentenced to life imprisonment and was imposed fine of Rs. 1000/ -, in default, rigorous imprisonment for six months under section 302 of Indian Penal Code. No separate sentence was imposed under section 135 of B.P. Act.

(2.) UPON a complaint given by the complainant Ajabai Achar wd/o of deceased Achar Osman, an FIR being C.R. No. I -22/06 was registered against the accused for the offence punishable under section 302 of the Indian Penal Code and 135(2) of B.P. Act. It is the case of the prosecution that on 25.10.2006, at around 06.30 pm, when the deceased who happens to be the elder brother of the accused questioned the accused for not coming to perform Namaaz and asked him to pay the share of Namaaz as a result of which the accused got provoked and all of a sudden he took out a dhariya from his house and attacked the deceased with it. He inflicted a blow on the head and other body parts of the deceased which caused his death.

(3.) THE prosecution witnesses no. 2 to 7 and 10 have turned hostile and nothing important comes out from the evidence of P.W. 8 and 9 and therefore it would be relevant for us to refer to the evidence of P.W. 11 first.