SHABBIR SIDDIQBHAI MANEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment and having been imposed fine of Rs. 10,000/-, in default, simple imprisonment for six months for the offence under section 302 of Indian Penal Code by impugned judgement and order dated 06.06.2009 passed by the learned Additional Sessions Judge & Presiding Officer, Seventh Fast Track Court, Rajkot in Sessions Case No. 5 of 2008, the appellant, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) The facts as per the prosecution case are that on 05.10.2007, while the son of complainant deceased and a relative of the accused were having a verbal altercation, the accused and his brother Imran happened to pass by in an autorickshaw. Seeing their relative involved in an altercation with the deceased, the accused and his brother Imran stepped in to settle the dispute which led to an altercation and fight between the deceased and accused. At that time, the accused inflicted knife blow on the deceased who succumbed to the same on the spot.

(3.) Mr. Yogesh Lakhani, learned Senior Counsel appearing with Mr. Pravin Gondaliya, learned advocate for the appellant submitted that the trial court ought not to have convicted the appellant merely on the basis of the deposition of P.W. 12- Umedbhai Parmar (Ex. 49) so called eye witness. He submitted that the evidence of this witness is exaggerated and suffers from infirmities. He submitted that this witness is highly interested and untrustworthy.