SULEMAN DAUDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT has been inter alia sentenced to life imprisonment after having been found guilty of the offence punishable under Section 302 of the Indian Penal Code (for short IPC) by the learned Additional Sessions Judge, Fast Track Court No.3, Jamnagar vide judgment and order dated 29/03/2006 in Sessions Case No.107 of 2005. The appellant is, therefore, before this Court questioning the impugned judgment and order.

(2.) AS per the prosecution case, FIR (Exh.69) came to be lodged by appellant himself confessing therein that, on 19/07/2005 at about 11:00 p.m., while he was at his house, his two sons Rajak and Sultan (for short D1 and D2) came there; switched the light on; the appellant switched it off and on this count there was altercation by D1 and D2 and at that point of time, another son of the appellant ­ Gulam, as well as, Abbas who was residing separately also joined in the altercation. D1 climbed on an electric pole in order to disconnect the electricity supply of whole street; whereupon the neighbour ­ Jumabhai, his wife ­ Rebun and his son ­ Yakub came out on being called by appellant and stopped D1 from doing so. It is stated that D1 thereafter again took up the quarrel with the help of Abbas and D2 in presence of Gulam, who subsequently left the place. In the FIR, it was stated that during the altercation, D1 and D2 threatened the appellant to vacate the house or face the dire consequence and thereafter went to sleep on the terrace of the house and the appellant himself also went to sleep at about 02:00 a.m. (on 20/07/2005). He thereafter woke up, took up crowbar (Kosh) having a squared rectangular one side sharp and a blunt top; went to the terrace; inflicted blows on the person of D1 and D2. First blow was given by him to D1 and the second to D2 and thus killed both of his sons in the coldblood. Thereafter, the appellant is said to have stayed at the terrace upto 05:00 a.m., until he was sure about the death of both sons. He then came down, cleaned the crowbar; placed it in the house; locked it, went from his house to Sikka Patia in autorickshaw and from there in Armada Jeep to Seven Road Junction, Jamnagar and therefrom came to the Police Station, Jamnagar.

(3.) WE are conscious of the fact that the incriminating circumstances in the FIR cannot be taken into account and therefore while avoiding the incriminating reference, the contents of the FIR are required to be appreciated.