MAHAMMAD TAHIR USMANGANI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As all these Appeals arise out of the impugned judgment and order passed by the learned 7th (Ad hoc) Additional Sessions Judge, Kheda at Nadiad (hereinafter referred to as "the learned trial Court ") in Sessions Case No.30/2008 and the judgment and order passed by the learned 7th (Ad hoc) Additional Sessions Judge, Nadiad (hereinafter referred to as "the learned trial Court ") in Sessions Case Nos.51/2008 and 52/2008 (Cross Case / Complaint) but with respect to the same incident, all these Appeals are heard, decided and disposed of by this common judgment an order.

(2.) The prosecution case in a nutshell is as under;

(3.) Shri Tejas Barot, learned advocate appearing on behalf of the original accused has vehemently submitted that in the facts and circumstances of the case the learned trial Court has committed a grave error in convicting original accused no.1 for the offence punishable under Sec. 304 (Part II) of the IPC. It is further submitted by Shri Barot, learned advocate appearing on behalf of the original accused that as per the FIR and the charge framed against original accused no.1 he opened four rounds of firing by which the deceased-Raisinh and Ramanbhai sustained injuries. It is submitted that the prosecution has failed to prove by leading cogent evidence that original accused no.1- Mohammad Tahir Usmangani Shaikh opened four rounds of firing due to which the deceased-Raisinh and Ramanbhai sustained injuries. It is further submitted by Shri Barot, learned advocate appearing on behalf of the original accused that all the three prosecution witnesses, namely, Navghan Ramanbhai (P.W.19), Ramanbhai Dayabhai (P.W.20) and Rajubhai Ramanbhai (P.W.21) are not reliable and trustworthy and as such they have not stated true facts before the Court and in their depositions.