STATE OF GUJARAT Vs. LAKHANI DINMAMAD SAFIYA

JUDGEMENT

(1.) SINCE both these appeals arise out of the same judgment and order of conviction and sentence passed by the learned trial Court, these appeals are being decided together by this common judgment.

(2.) CRIMINAL Appeal No. 2272 of 2005 has been filed by the appellantState against the judgment and order of conviction and sentence dated 29.4.2005, passed by learned Additional Sessions Judge, Fast Track Court No.4, Jamnagar in sessions Case No.98 of 2004, whereby the learned Trial Court has convicted the original accused Nos. 2, 3 & 4 for the offence under section 323 of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for one year with fine of Rs.1,000/ each, in case of default, further imprisonment for one month. The appellants were given the benefit of setoff.

(3.) A complaint was filed on 01.08.2004 by the complainant Asarat Huesainbhai Safiya, inter alia alleging that on the date of incident i.e. on 01.08.2004, the complainant after completing his daily routine work had left for his business i.e. rickshaw driving and he came back at his residence at around 9.00 am. for taking his breakfast. At that time, his elder brother Rahemtullah went for shaving and ironing work. After some time, the complainant came to know that somebody is beating his brother, Rahemtullah, therefore, he immediately rushed out of his house and found one Firoz Dawod Safiya coming from opposite side, who informed that his brother Rahem Tulla was beaten by Amin Safiya, his brother Lakhani, Ibrahim and his friend Raju near Kalyan Kendra. He had also stated that Amin had given knife blow on the chest of his brother Therefore, the complainant immediately reached at the place of the incident and saw that all the accused persons ran away and his brother was lying on the road in a bleeding condition. Immediately he was taken to the nearby Hospital where doctor declared his brother as dead. Thereafter, the complainant had filed the complaint.