STATE OF GUJARAT Vs. SHABIRHUSSAIN RASULBHAI VORA

JUDGEMENT

(1.) CRIMINAL Appeal No.144 of 2012 is filed by the appellant State of Gujarat under Section 377 of the Code of Criminal Procedure, 1973, against the judgment and order of conviction and sentence passed in Sessions Case No.136 of 2011 on 10.10.2011 by the learned Additional Sessions Judge, City Civil and Sessions Court No.11, Ahmedabad whereby the learned Judge was pleased to acquit the accused from charge of offence punishable under Section 302 of Indian Penal Code (for short "IPC") and was pleased to convict the accused for the offence punishable under Section 304 PartI of IPC and to award sentence to undergo 7 years simple imprisonment and to pay fine of Rs.5,000/, in default to undergo further three months of simple imprisonment, whereas for the offence punishable under Section 135(1) of the Bombay Police Act, he was sentenced to undergo one month simple imprisonment and to pay a fine of Rs.100/in default to undergo further 10 days simple imprisonment. Criminal Appeal No.1809 of 2012 is filed by the accused under Section 374 of the Code of Criminal Procedure, 1973, (for short "the Code") challenging the conviction and sentence as recorded above in earlier paragraph. Both these appeals are heard together and taken up for final hearing in view of availability of the Record and Proceedings of the case and the paper book prepared by the Registry.

(2.) IN nutshell, the case of the prosecution is that on 30.09.2010 at about 12:00 p.m., the accused had a quarrel and altercation with regard to recovery of the amount of loan advanced to one Husainbhai Kasambhai Sindhi who failed to pay instalment as agreed for purchase of CNG rickshaw. Initially due to intervention of two persons, the accused and deceased Husainbhai were separated and accused was persuaded not to take quarrel any further and thereafter he went back to his place, and within five minutes the accused came back to the scene of offence and inflicted knife blow on the left side of the chest of the deceased who was taken to the hospital in Ambulance and was declared dead. The complaint Exh.31 was given accordingly by Aayshaben Kasambhai Sindhi sister of the deceased.

(3.) SINCE the accused pleaded no guilty upon committal the case to the Sessions Court, the trial proceeded in accordance with law and the prosecution was able to bring forth 14 oral as well as 22 documentary evidence.