DAFER HABIB ABDULBHAI NATHWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, herein, who was original accused in Sessions Case No. 58 of 2006 and who was convicted by the learned Additional Sessions Judge, 6th Fast Track Court, Veraval, for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/ - and in default to undergo further simple imprisonment for one year as well as for the offence punishable under Section 135 of the Bombay Police Act and was sentenced to undergo simple imprisonment for four months and to pay fine of Rs.100/ - and in default to undergo further simple imprisonment for one month, is before us, assailing the aforesaid order by way of the present appeal.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint was given by the deceased complainant, Gaturbhai Nathabhai Chudasama, on 22.05.2006, wherein, he stated that the wife of the present appellant, namely Khatu Dafer, was residing with him for last about four years. It was, further, stated in the complaint that before about one month prior to the alleged incident, Dafer Khatu, had gone to Dhrol and on the date of the alleged incident, the complainant came to know that Khatu was present at the house of the appellant, and hence, he went there in the afternoon at about 12:00 p.m. When the deceased complainant reached there, the appellant was present, who took the deceased complainant on the bank of river Hiran and inflicted knife blows on him and on account of that the complainant fell down. However, the son of the appellant Haji Habib came there running and intervened. The injured complainant was, then, taken to the hospital, where, he lodged the complaint. Later on, the injured complainant succumbed to his injuries on 23.05.2006, and hence, the offence under Section 307 of the IPC came to be substituted with Section 302 of the IPC. The police authorities, then, carried out the investigation and as, prima facie, evidence were found against the appellant, charge sheet was laid against him.