LAWS(GJH)-2013-12-305

STATE OF GUJARAT Vs. HARUN HUSSAINBHAI NAKANI

Decided On December 17, 2013
STATE OF GUJARAT Appellant
V/S
Harun Hussainbhai Nakani Respondents

JUDGEMENT

(1.) BOTH these appeals arise out of the same judgment and order and therefore, they are disposed of by this common judgment.

(2.) CRIMINAL Appeal No.2210/2009 has been filed by State against the impugned judgment and order dated 28.08.2009 passed in Sessions Case No.68/2008 by the learned Addl. Sessions Judge, Gondal whereby, the respondent, original accused no.2, has been acquitted of all the charges by granting him the benefit of doubt.

(3.) THE facts in brief are as under; On 04.03.2008, in the evening hours, while Abdulbhai Ibrahimbhai Nakani was going to his home on his motor -cycle, the respondent -original accused no.2 and appellant -original accused no.1 blocked his way. Thereafter, appellant -accused no.1 inflicted a blow on the head of Abdulbhai with the back -side of the instrument, named, Trikam, which is used for agricultural purpose. As a result of the said blow, Abdulbhai died on the spot.