RAFIQBHAI MOHAMMADBHAI BELIM Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied by the impugned judgment and order passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Bhavnagar dated 16.06.2006 passed in Sessions Case No. 134 of 1998, by which the learned Sessions Court has convicted the accused for the offences punishable under section 302 of the Indian Penal Code read with Section 135 of the Bombay Police Act and sentenced the accused to undergo life imprisonment and fine of Rs. 10,000/ -, in default, rigorous imprisonment for 2 years and imprisonment of three months and fine of Rs. 500/ -, in default, rigorous imprisonment for 15 days, and hence, the appellant - original accused herein has preferred the present Criminal Appeal.

(2.) THAT the deceased Bhavnaben who subsequently succumbed to the injuries in the hospital lodged a complaint which was registered as C.R. No. 164/98 with 'A' Division Police Station, Bhavnagar against the accused for the offences punishable under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act alleging inter -alia that the accused herein - Rafiq gave a knife blow on the thigh and she sustained serious injuries on the thigh. It was alleged that as the betrothal of the accused with the near relative of the complainant was broken and therefore, with a view to take revenge, while she was in the market alongwith others, the accused all of a sudden came with a knife and gave a knife blow on her thigh. The Investigating Officer - ASI after recording the statement of the deceased (when she was alive) and registering her statement as a First Information Report, started the investigation. He recorded the statement of other witnesses and he prepared the panchnama of the place of incident. At this stage, it is required to be noted that initially the First Information Report was registered against the accused which was for the offences punishable under Section 307 of the Indian Penal Code. However, subsequently the victim succumbed to the injuries and died in the hospital, and hence the offences punishable under Section 302 of the Indian Penal Code came to be added. It is also required to be noted at this stage that as such, the victim (deceased) succumbed to the injuries and died within two hours only. That after conclusion of the investigation, the investigating officer filed the chargesheet against the accused for the offences punishable under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act. As the case was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court, Bhavnagar which was registered as Sessions Case No. 34/1998. That the learned Sessions Court framed the charge against the accused at Exhibit 16 for the offences punishable under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act. After having sustained the injuries by knife, the original complainant (the deceased) Bhavnaben succumbed to the injuries. The accused pleaded not guilty and claimed to be tried for the above offences.

(3.) AFTER the closure of the recording of the evidence of the prosecution, further statement of the accused came to be recorded under Section 313 of the Criminal Procedure Code, wherein the accused denied having committed any offences as alleged. He infact denied that he was present at the time of the incident on 29.03.1988. On behalf of the defence, one - Ummarbhai Sultanbhai Qureshi came to be examined at Exhibit 71.