RAFIKAHMED SAGIRAHMED ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No. 4, Ahmedabad in Sessions Case No.154/2005 dated 15.11.2006 whereby, the appellant, original accused, has been convicted for the offence punishable u/s.302 of Indian Penal Code (for short, "the IPC") and Section 135 of Bombay Police Act. For conviction u/s. 302 IPC, he has been sentenced to undergo imprisonment for life with fine of Rs.5000/ and in default of payment of fine, he was ordered to undergo simple imprisonment for a further period of six months. No separate sentence was imposed for conviction u/s. 135 of Bombay Police Act. The appellantaccused was given the benefit of setoff.

(2.) ANTECEDENT facts, which require brief mention, are these; Firozkhan Farooqkhan Pathan, the complainant herein, was residing along with his family at Millatnagar, Shah Alam, Ahmedabad City at the time when the alleged incident took place. Prior to the alleged incident, on one day in the evening at about 2100 hrs., while the complainant was chatting with other members near his house, he noticed that the appellant herein had picked up a quarrel with one Sultanaben, who was residing in the same locality, on the issue of maintaining cleanliness in the locality. The complainant and Akhtar Lukman Sheikh interfered and asked the appellant not to quarrel with the lady. The appellant got enraged and threatened Akhtar Lukman Sheikh of dire consequences.

(3.) LEARNED APP supported the impugned judgment and submitted that the oral and documentary evidence on record clearly establish the guilt of the appellant. He submitted that the testimony of Firozkhan Faruqkhan Pathan (PW1), Gafurbhai Abdullahkhan Deshi (PW3) and Ashraf Sherkhan Pathan (PW4) prove that they are eye witness to the alleged incident and the Court below has rightly believed their evidence.