SALIM @ BHODI ABDULBHAI HALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE these appeals arise out of common judgement, they are being disposed of by this common judgement

(2.) THE appellantsoriginal accused having been sentenced to life imprisonment upon being found guilty for the offence punishable u/s. 302 of the Indian Penal Code (for short "IPC") by learned Additional Sessions Judge, Court NO.16, Ahmedabad City, by its judgment and order dated 27th February, 2006, in Sessions case No. 44 of 2004, has invoked Section 374 of the Criminal Procedure Code, 1973.

(3.) A complaint came to be lodged produced at Exh.29, mentioning the above facts leading to the offence in question. The prosecution case rested upon two eyewitnesses being P.W.3 and P.W.8. P.W.3 was the brother of the deceased and P.W.8, is the friend of P.W.3. According to their version, on 27th April, 2003 at about 00:45 hours both of them had come out from their respective houses after dinner to consume 'Pan' at a shop and while returning, they saw deceased coming on Luna; being knocked down and assaulted indiscriminately and causation of severe injuries on his person and fleeing of the accused from the scene. It is deposed by both the witnesses that the accused and the witnesses were residing in the same Chawl and they were known to them. In the complaint it was stated that the accused used to go and reside at Juhapura frequently. On trial, the learned Additional Sessions Judge found the accused guilty and sentenced them as stated above.