MAHAMMAD KABIR SHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, by way of preferring present appeal, has challenged the judgment and order of conviction and sentence dated 03.06.2009 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Valsad (hereinafter referred to as the 'learned Judge') in Sessions Case No. 2 of 2008, whereby the appellant -original accused has been held guilty of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the 'IPC for short) and Section 324 of IPC read with Section 504 of IPC as well as Section 135 of Bombay Police Act (hereinafter referred to as the 'B.P. Act' for short). The learned Judge awarded sentence of life imprisonment for the offence punishable under Section 302 and also imposed fine of Rs. 5,000/ - and in default of payment of fine the appellant -original accused has been ordered to undergo 2 years' Rigorous Imprisonment (hereinafter referred to as the 'R.I.' for the sake of brevity). The learned Judge has also awarded sentence of 1 year R.I. for the offence punishable under Section 324 of IPC read with Section 504 of IPC as well as Section 135 of B.P. Act and also imposed fine of Rs. 1,000/ -, and in default, the appellant -original accused has been ordered to undergo two months' R.I. All the sentences have been ordered to run concurrently. Filtering out unnecessary details, brief facts of the case may be stated as under:

(2.) AFTER recording the First Information Report the police carried out detailed investigation; recorded the statements of various witnesses; carried out various panchnamas including discovery of weapon used in the commission of the crime. The police had also obtained inquest panchnama as well as P.M. report. Various articles which were found at the place of incident were seized and sent for analysis to FSL. After conclusion of investigation, the charge -sheet was filed before the Court of concerned learned Magistrate. The case was thereafter committed for sessions trial. The charge was framed. The learned Judge, Valsad rendered his judgment of conviction and sentence dated 03.06.2009 in Sessions Case No. 2 of 2008 inter alia convicting the appellant herein and sentencing him to undergo life imprisonment and other sentences as narrated above with fine.

(3.) THE learned Additional Sessions Judge framed the charge against the present appellant vide Exh. 4 inter -alia alleging that the deceased Abdul Mamud had arranged for a car for the accused and the accused had given Rs. 45,000/ - for the said transaction and Rs. 20,000/ - was outstanding and it was agreed to pay the said amount through bank loan. However, as the loan was not sanctioned, the company had taken the possession of the car back. Consequently, the accused frequently demanded refund of Rs. 45,000/ - which he paid to the deceased. At about 9:15 in the morning on 02.10.2007, the accused made a phone call to the deceased and intimated him to come to Sanjan Railway Station. Accordingly, as the complainant as well as victim both had to go to Vapi for some work, they both met the accused behind the canteen on platform No. 1 of Sanjan Railway Station. As the accused had demanded for refund of the amount in question, the deceased assured to repay it on 21.10.2007. Thereupon, the accused abused the deceased and picked up a knife from his waist and inflicted knife blows upon the deceased. The complainant thus tried to intervene and save her husband but the accused also assaulted her with knife and fell her down and inflicted successive knife blows on the body of the deceased and thereby committed the murder of the deceased. Thus, the charge for the commission of offence under Section 302, 324, 504 of IPC as well as under Section 135 of B.P. Act came to be framed against the accused.