AMIR LATIF NODE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE original accused - appellant, herein, has preferred this appeal, assailing the judgment and order of the learned Additional Sessions Judge, Bhuj - Kachchh, Dated: 03.06.2009, rendered in Sessions Case No. 30 of 2007, whereby, the learned Judge convicted and sentenced the appellant as under;

(2.) A complaint was given by one Mustaq Hasam Node before PSI, Bhuj Taluka Police Station, on 20.04.2007, wherein, he stated that before about six months, the appellant told him that he wanted to purchase a mobile. The complainant, hence, purchased a mobile from one Anwar @ Anu Raima for Rs. 700/ - and gave it to the appellant and the appellant paid Rs. 700/ - to the complainant towards the same, which in turn were given by the complainant to said Anwar. However, after about three days, the appellant asked the complainant that he did not want to keep the mobile and get me back my money. When the complainant informed Anwar about the same, Anwar told him that he had spent the money and on account of that a quarrel took place between the complainant and the appellant. After the aforesaid incident, the complainant and the deceased Nale Mitha Node on the one hand and the appellant on the other hand stopped talking to each other.

(3.) ON registration of the offence, police carried out the investigation and on finding, prima facie evidence against the original accused -the appellant, herein, filed charge -sheet against him. The case being exclusively triable by a Court of Sessions, same was committed before the Sessions Court, Bhuj - Kachchh, for trial. At the time of trial, the accused did not plead guilty and claimed to be tried. Hence, the accused was tried for the alleged offence.