RAFIK YUSUF SHERANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANTS have been convicted by learned Addl. Sessions Judge of Dahod vide common judgment dated 23.7.2010 in two sessions cases being Sessions Case No. 194 of 2007 and Sessions Case No. 9 of 2008. Since all the appellants have been involved in the same incident in Sessions Case No. 194 of 2007, appellants No. 1 and 2 were accused and at that relevant time, appellant No. 3 was disclosed as absconder and he was arrested only on 25.10.2007 i.e. after filing of chargesheet in Sessions Case No. 194 of 2007. Therefore, he was tried as a sole accused in Sessions Case No. 9 of 2008. However, since both the sessions cases are arising out of the same FIR being Dahod police station I - C.R. No. 97 of 2007, both the sessions cases were consolidated by the learned Sessions Judge and only one set of evidence has been recorded in Sessions Case No. 194 of 2007. Thereby, all the accused were tried together and convicted by common impugned judgment u/ss. 307, 333 and 114 of the IPC.

(2.) SO far as conviction is concerned, appellants No. 1 and 2 have been convicted and awarded sentence of six years R.I with fine of Rs. 10000/ - and additional R.I of six months in default of payment of such fine. Whereas, for the same offence, appellant No. 3 has been convicted and awarded sentence of R.I for 8 years with fine of Rs. 15000/ - and additional R.I for six months in default of payment of fine.

(3.) SO far as charges against all the accused are concerned, it can be briefly summarised by recording the gist of the complaint wherein it is stated that on 14.8.2007, at about 11 p.m., when complainant and one unarmed police head -constable Gokalbhai Somabhai Khant were on their duty of night patrolling in Dahod town within Dahod town police station, he was present near Vivekanand Chowk on station road of the town where some programme was going on. Due to such cultural programme viz. 'Kavi Sammelan' (convention of poets to readout their poetries), several higher officers, including complainant were on duty of patrolling - 'bandobast' and when he was directed by his superior officer to have a round of Gandhi Chowk and Padav area, complainant with police constable Kanubhai Bathubhai and police constable Maheshbhai Ukarbhai had started from Baghini Samaj three roads to Yadgar Chowk and reached Gandhi Chowk. At three road junction of Gandhi Chowk, they found three persons sitting on verandah of a shop on the road and he noticed that when these people have seen the police vehicle of the complainant, they threw some articles on road and, hence, complainant had stopped the police vehicle near them and got down of the vehicle, he reached to those people and found that one iron -cross was lying near the legs of such persons and it has one flat end, which is generally used to open the lock of closed house by breaking its handle and breaking the grill of the windows and popularly known as "Khatariyu" (an iron rod used to break open the door of a house or shop for housebreaking). Thereupon, complainant has asked them about their identity and the place of residence etc. However, at such point of time, one person has taken out a knife from his pocket and jumped from the shop on police constable Kanubhai Bathubhai and gave knife blow on left side of his chest. Thereupon, Kanubhai has fallen down on the road and that person, who had given blow has tried to give another blow by shouting in Hindi that we will kill you i.e. "Maar Daloonga". However, another police constable Maheshbhai has caught him before he gave second blow to Kanubhai, but said person was capable to get rid of Gokulbhai and once he was able to release his hand with knife from Gokulbhai, he has stabbed Maheshbhai on left side of his stomach, at that point of time, Gokulbhai has given a stick blow on the hand of such person, who was holding knife. Thereupon, knife fell down from his hand, but he was able to run away from the place and absconded towards Court road and could not be caught though several people or public, which were gathered at that place had tried to catch him. Whereas, two other persons, who were present with such culprit were caught by the complainant and driver of his jeep, namely, police constable Krushnakumar Chaturbhai with some people from public and they were taken in a police vehicle. Thereafter, message was given to other police officers and injured police constables Kanubhai and Maheshbhai were taken to the clinic or Dr. Bharpoda and admitted in his hospital. On inquiry, two persons who were caught with the main culprit have disclosed their names as Imran Mehmood Ali Musalman and Rafiq Yusuf Sherani, who are residing in Madhya Pradesh and on inquiry, they have revealed and disclosed the name of third person, who was able to abscond from the place as Ravi Ramvir Pandit, who is resident of M.P. So prima facie, the basic allegation is against Ravibhai Ramvir Pandit, who is also known as Kamalkant Ramvir Kashyap and, therefore, in record his name is disclosed as Ravi @ Kamalkant Ramvir Kashyap. For the sake of clarity, it is made clear that Rafiq and Imran are accused and appellants No. 1 and 2 herein, whereas, Ravi @ Kamalkant Ramvir Kashyap is accused as well as appellant No. 3 herein.