BASIRBHAI MOHAMMADBHAI KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FEELING aggrieved with the impugned judgment and order of conviction of sentence imposed by the learned Addl. Sessions Judge, FTC No. 4, Bhavnagar ('the trial Court', for shirt), Dated: 25.02.2010, in Sessions Case No. 18 of 2009, by which the learned trial Court has convicted the appellant, herein, the original accused, for the offence punishable under Section 302 of the Indian Penal Code and has sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 500/ - and in default to undergo further rigorous imprisonment for three months, the appellant, herein, the original accused, has preferred the present Criminal Appeal.

(2.) THE appellant, herein, the original accused, was charge -sheeted by the concerned Police Officer/the Investigating Officer for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act, for committing the murder of the deceased Imran because of the knife blow given by the appellant, herein, the original accused. As the case was exclusively triable by the Court of Session, the case was committed before the learned Sessions Court, Bhavnagar, and the charge came to be framed against the appellant, herein, the original accused vide Exhibit -4 for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act. At the time of trial, as the accused did not plead guilty, he came to be tried by the learned trial Court.

(3.) THE prosecution through the aforesaid witnesses also produced the following documentary evidences on record;