IBRAHIM JENKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No.8, Ahmedabad (Rural), Ahmedabad in Sessions Case No. 79 of 2004 whereby, the appellant herein, original accused, has been convicted for the offences punishable u/s. 302 and 504 of Indian Penal Code (for short, "the IPC"). For conviction u/s. 302 IPC, the appellant has been sentenced to undergo rigorous imprisonment for life and fine of Rs.2,000/ and in case of default in making payment of fine, he was ordered to undergo simple imprisonment for further period of one year. Whereas, for conviction u/s.504 IPC, the appellant has been sentenced to undergo rigorous imprisonment for six months and fine of Rs.500/ and in case of default in making payment of fine, he was ordered to undergo simple imprisonment for further period of two months. Both the sentences were ordered to run concurrently and the appellant was given the benefit of setoff.

(2.) ANTECEDENT facts of this case, which require brief mention, are these; The complainant herein, Rehmatkhan Idalkhan Pathan, is a resident of Charodi, Suthar Naka, Taluka Sanand, District Ahmedabad. It is alleged that on 27.12.2003 while the complainant was resting in the veranda on his house, he heard shouts originating near the house of his son ­ Liyakatkhan, who was residing in his neighborhood. Therefore, the complainant immediately rushed to the place. When he reached there, he noticed that his cousin ­ Salimkhan Mehmoodkhan Pathan was lying on the ground in a badly bruised condition. When necessary inquiry was made, Liyakatkhan informed the complainant that injured Salimkhan had come to the house for collecting tobacco and at that time he heard the appellant herein hurling abuses at the residents of the locality. Therefore, injured Salimkhan asked the appellant not to hurl abuses at the residents. Being enraged by the same, the appellant picked up a quarrel with Salimkhan and thereafter, stabbed him with a dagger. On hearing the shouts of pain, residents of the locality gathered at the place. However, no one dared to interfere in the scuffle as the appellant was possessing the deadly weapon ­ dagger. The appellant, thereafter, fled the place with the weapon. Injured Salimkhan was then taken to Sanand Police Station, however, the police advised that the injured be first taken to Hospital and accordingly, the injured was taken to V. S. Hospital, Ahmedabad. On examination, the Doctor declared Salimkhan Pathan dead.

(3.) MRS . C.M. Shah learned APP supported the impugned judgment and order of conviction and submitted that the Court below has recorded the conviction of appellant after appreciating the entire oral as well as documentary evidence on record in its proper perspective. She submitted that the testimony of PW9, PW10 and PW12 prove the presence and role played by the appellant at the relevant time. She submitted that the discrepancy between the inquest panchnama and postmortem report is a bona fide error and that the appellant could not be granted benefit of such discrepancy.