HANIF DOSMAMAD SAMTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the Judgment and the order dated 26.02.2010 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Track Court No.3, Morbi, in sessions Case No. 49 of 2007, whereby the learned Sessions Judge has convicted the appellant accused for the offence under Section 302 of I.P. Code as well as under Section 324 of I.P. Code and sentenced him to suffer life imprisonment with fine of Rs.2,000/- and further 3 months R.I. for default in payment of fine as well as awarded sentence of 2 years with fine of Rs.1,000/- and further 2 months for default in payment of fine have been respectively imposed.

(2.) The short facts of the case are that the complaint was filed by Hajraben, wife of Asimbhai Isabhai (P.W.1) on 15.7.2007 with Morbi Police Station, stating inter-alia that in the evening at about 8.00 O'clock when she was with her father Kasambhai, mother Jaitunben and sister Raziyaben and younger sister, in her Varanda, at that time Hanifbhai, who is father in law of her brother Shermamad, had come and Hanifbhai took out knife and gave two blows on the stomach of her father. When her mother came in between, Dosu caught hold and gave blows to her mother on the back side as well as on thigh with knife and Nurali had given fist blow to her father. When they wanted to separate her mother, her father were shredded with the blood and they were shouting and as a result thereof other persons had also come and all the three accused had run away. The Police had investigated the said complaint and after investigation the charge-sheet was filed. The case was committed to the Sessions Court being Sessions case No. 49 of 2007. The learned Sessions Judge framed the charge. The prosecution, in order to prove the guilt of the accused, has examined 13 witnesses, the details whereof are available at Para 9 of the Judgment of the Sessions Judge. The prosecution has also produced 32 documents, the details whereof are at Para 10 of the Judgment of the learned Sessions Judge. The learned Sessions Judge thereafter recorded the statement of accused under Section 313 of Cr.P.C. wherein the accused have denied the evidence against them. The learned Sessions Judge thereafter heard both the side, the prosecution as well as defence, and found the appellant original accused No.1 guilty for the offence under Section 302 and 324 of I.P.Code. The learned Sessions Judge found that the case against accused Nos.2 & 3 is not proved beyond reasonable doubt and, therefore, the benefit was given. The learned Sessions Judge thereafter heard the defence for sentence and ultimately passed the above referred Judgment and the order whereby the appellant accused No.1 has been convicted for life imprisonment for the offence under Section 302 of I.P. Code and convicted for 2 years R.I. for the offence under Section 324 of I.P.C. but has acquitted him for the offence under Section 135 of the Bombay Police Act. The learned Sessions Judge further directed the sentence to run concurrently. Under the circumstances, the present Appeal before this Court. It may be recorded that the State has not preferred any Appeal against the acquittal of original accused Nos. 2 and 3.

(3.) Learned Counsel Mr. Shukla, appearing for the appellant as well as Mr. Jani, learned A.P.P. have taken us through the entire evidence available on the record. We have also considered the Judgment and the reasons recorded by the learned Sessions Judge. We have also heard learned Counsel appearing for the appellant accused as well as Mr. Jani, learned APP for the State.