HANIFBHAI FARUKBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE incident has occurred on 14.3.2006. On Yusuf, who is a principal accused, has alleged to have given blow with the instrument known as 'Khurcha' - a poker like instrument on the chest of the deceased. The deceased has succumbed to the injuries. The elder brother of the deceased has filed a complaint wherein it is alleged thus; that on the day of the incident, he i.e. complainant, his father and deceased were present at their business shop, while so Yusuf, the principal accused, along with his father and other family members came there.

(2.) THE cause of incident shortly stated, thus; that sister of the complainant is the wife of the Yusuf; it appears that Yusuf has driven out the sister of the complainant and present incident has arisen on account of beating the sister of the complainant and driven her out from the in-laws' house; that hot exchange had taken place between the complainant side and accused side at the time and place of incident; that in the incident, as stated above, Yusuf had given blow by Khurcha to the deceased and also to the complainant.

(3.) BEFORE the trial court, the prosecution has examined 19 witnesses. The learned trial court in its fairly elaborate judgment after discussing the evidence of prosecution, has found the principal accused to be guilty for offence under Section 304 Part-II and 324 of IPC. The learned trial court was pleased to acquit all other accused for the offence for which they were charged.