STATE OF GUJARAT Vs. NOORMAHAMAD

JUDGEMENT

(1.) By way of this appeal the State has challenged the judgment and order of the learned Additional Sessions Judge, Bharuch dated 31st March 1995, whereby the present respondent -original accused is acquitted in Sessions Case No. 175 of 1994 of charges under Ss. 323, 302 and 506 of the Indian Penal Code and Sec. 135 of the Bombay Police Act.

(2.) It is the case of the prosecution that complainant -Yakubbhai Umarji is father of Zahedabano. Accused -Nurmohammed got Zahedabano married against the wishes of the complainant, abducted her and kept her in his custody. The complainant and villagers warned him and demanded that Zahedabano be handed over to them, but he did not pay heed to them. Thereafter, complainant forcibly took Zahedabano to his home. The complainant Yakubbhai Umarji, witness No. 1, and his brother Abdul Umarji (deceased) were going towards mosque to offer prayer at about 12.30 hours on 18/03/93. Abdul Umarji was 50 steps ahead of the complainant. Other villagers too were proceeding towards mosque. When Abdulbhai was passing by the accused's house, accused had abruptly inflicted two knife blows one after one on the left side of his brother's abdomen by holding him by his neck. The complainant rushed there and held his brother with arms while he was falling on the ground. At that time, the complainant sustained third knife blow on the backside of right wrist as accused -Nurmohammed was about to inflict third knife blow to his brother. The surrounding people gathered. Someone, at the instance of the complainant, went to take rickshaw. In the meanwhile accused rushed with long stick. The surrounding people said, "Babu, do not do that." The accused said, "Along with your brother, let me kill you too." By saying so, he gave a stick blow to the complainant. The complainant rushed to his legs and knees of both legs sustained stick injuries. Thereafter, Abdul Umarji was brought to Bharuch Civil Hospital by rickshaw of one Divan where doctor Mandaliya, witness No. 1 at exhibit No. 6 declared him to be dead after examination. He conducted postmortem examination on his body.

(3.) On these allegations, complaint was given against the accused. Investigation having been carried out and charge sheet having been filed against the accused the case was committed to Sessions Court and, ultimately, trial had commenced and charges have been framed. The accused pleaded not guilty and claimed to be tried.