ALLARAKHA @ KALU KHVAJUDDIN SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order of the learned Additional Sessions and Fast Track Judge, Ahmedabad (Rural) Navrangpura, Ahmedabad (for short 'the Trial Court'), rendered in Sessions Case No. 53 of 2004, whereby the trial court convicted the original accused - appellant, herein, for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life with fine of Rs.1,000/- and in case of default to undergo further simple imprisonment for one month. The trial Court also convicted the appellant for the offences punishable under Sections 376 and 511 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years with fine of Rs.1,000/- and in case of default to undergo further simple imprisonment for one month. The appellant was also convicted by the trial Court for the offence punishable under Section 381 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year with fine of Rs.500/- and in case of default to undergo further simple imprisonment for fifteen days. However, the trial Court acquitted the appellant of the charge of commission of the offence punishable under Section 135(1) of the Bombay Police Act.

(2.) THE brief facts of the case are that the complainant, Sohil Gulamrashukh Shaikh, who happens to be the brother of the deceased, Saminabanu W/o. Sajidhussain Mohmmed Rehan, lodged a complaint on 18.06.2003 with Vejalpur Police Station, which was registered as I- C. R. No. 181 of 2003, for the offence punishable under Sections 302, 376, 511 of the Indian Penal Code and Section 135(1) of the Bombay Police Act, wherein, he has stated that he has been residing in Rasula Park Society, Juhapura, Ahmedabad along with his family for last about 18 years and he has been working in Magic and Logic Marketing as Manager. He has further stated that they are two brothers and the deceased, Saminaben, was his sister, who had been married before about seven years to Sajidhussain Mohmmed Rehan and out of the said wedlock she has one son, namely Zaman, who is aged about five years.

(3.) TO bring home the charges levelled against the accused ­ appellant, the prosecution examined as many as 16 witnesses, the details whereof are given hereunder.