DAUD @ MANUBHAI GULSHER SINDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant - original accused has challenged the judgment and order dated 20.12.2010 arising from Sessions Case No.37 of 2009 passed by the learned 3rd Additional District & Additional Sessions Judge, Vadodara whereby the present appellant - original accused was convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo life imprisonment and fine of Rs.1,000/, and in default to undergo simple imprisonment for one year, and for the offence punishable under Section 135(1) of the Bombay Police Act, he has been sentenced to undergo simple imprisonment for one year and fine of Rs.200/, and in default to undergo simple imprisonment for 15 days. The sentences were ordered to run concurrently and the accused was given the benefit of setoff.

(2.) It is the case of the prosecution that on 15.12.2008 at around 18:00 hrs on the Ajwa Road, near the gate of Sagar Studio, the deceased Sajid Mohmadbhai Saiyed drove Indica Car No.GJ1HB 1492 and took the said car in the studio, at that time, the accused had altercation with appellant who was riding on horse. On account of said altercation, the appellant caused injury at neck with lance to deceased on account of which the deceased Sajid succumbed to the injuries. A complaint was lodged by the complainant against the appellant with the Panigate Police Station, Vadodara, being C.R.No. I - 249 of 2009. Necessary investigation was carried out and the statements of witnesses were recorded. At the end of investigation, chargesheet was filed against the accused before the trial court. However, being a sessions triable office, the case was committed to Sessions Court and trial was initiated.

(3.) During the trial, the prosecution had examined the following witnesses and adduced 24 documentary evidence. <FRM>JUDGEMENT_148_LAWS(GJH)5_2016.htm</FRM>