SARFARAZ @ DADU HABIBULLA SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-ori. Accused no.1 has preferred Criminal Appeal No. 1907/2006, the appellant-ori. Accused no. 9 has preferred Criminal Appeal No. 1922/2006, the appellants original accused no. 3,4 & 5 have preferred Criminal Appeal No. 1923/2006 and appellant original accused no. 8 has preferred Criminal Appeal No. 1926/2006 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 13.9.2006 passed by the learned Presiding Officer, Addl. Sessions Judge 3rd Fast Track Court, Nadiad in Sessions Case No. 89/2003 and 53/2004, whereby, the learned trial Judge has convicted the appellants- ori. Accused No. 1,3,4,5,8 & 9 under sec. 302 read with section 34 of IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 10,000/- each, in default, to undergo further S/I for one year, which is impugned in these appeals. Since all the appeals arise from the same judgment and order of the trial Court rendered in Sessions Cases No. 89/2003 and 53/2004, they are heard and disposed of by this common judgment.

(2.) 1 The brief genesis of the incident as narrated by the complainant PW-8 Vipulbhai Ravjibhai Rathod Ex. 90, who is cousin brother of the two deceased young boys. In his complaint, he has narrated that on 11.11.2002, when he was at his shop at about 10 a.m., the accused persons constituted an unlawful assembly, the common object of which was to cause death of complainant, deceased Bhavin and deceased Kirtisinh. The accused were armed with deadly weapons like the knife and the dagger. That accused no. 5 Riyazhussain Sarafumiya Shaikh went to the shop of the deceased Bhavin and picked up quarrel by saying that earlier he had picked up the quarrel in the mater of cricket andtherefore, they had come to finish both these brothers. By saying so, accused no. 9 Faridmiya and accused no. 8 Ataullahkhan have caught hold of deceased Bhavin and accused no. 5 Riyaz gave knife blow on his chest and accused no. 3 and 4 caught hands of Kirtisinh and accused no. 1 Sarfaraz gave knife blow on his chest. Due to knife blow, both the deceased fell down. Therefore, on hearing shouts, Pareshkumar Pradhyuman Kachhiya Patel, Bhupendra Bhikhabhai Parmar came there and accused ran away towards the bus stand. Thereafter, complainant, Pareshbhai and Bhupendrabhai had taken injured Bhavin and Kirti to Navjivan hospital, where the doctor has told to take them Civil Hospital, Nadiad. Therefore, both the injured were taken to Civil Hospital, Nadiad, where, the doctor has declared them dead. Therefore, a complaint was lodged.

(3.) Thereafter, after examining the witnesses, further statement of the appellants-accused under sec. 313 of CrPC was recorded in which the appellants-accused have denied the case of the prosecution.