LAL MOHAMMAD MANJUR ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Appeal arises from the judgment and order dated 27.10.2005 of the learned Presiding Officer, 3rd Fast Track Court, Surat in Sessions Case No.80 of 2005 convicting the appellant herein original accused person for the offences punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentencing him to undergo life imprisonment and payment of fine of Rs.500/ -, in default to undergo further imprisonment for a period of three months.

(2.) PROSECUTION version was that on 06.09.2004 between 9.30 to 9.45 am, due to the quarrel between the appellant original accused (hereinafter referred to as "accused") and deceased Mohmed Akhtar Gafur Ansari with respect to playing the tape in Room No.3 on 1st Floor of Plot No.32 of Padmavati Society, Survey No.37, Gali No.1, Limabayat, Surat, the accused caused the injury to the said Mohmed Akhtar Gafur Ansari and due to which the said Mohmed Akhtar Gafur Ansari sustained serious injuries and thereafter, he succumbed to the injuries and died and thereby the accused committed the offence under Section 302 of the IPC read with Section 135 of the Bombay Police Act.

(3.) SHRI L.R. Pathan, learned advocate appearing on behalf of the appellant original accused has vehemently submitted that the learned trial Court has materially erred in holding the accused guilty for the offence under Section 302 of the IPC and convicting the accused for the same.