SHYAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Original accused Nos. 1 to 6 - appellants herein have challenged the judgment and order dated 25.01.2012 passed by the 7th (Ad -Hoc) Additional Sessions Judge, Surat in Sessions Case No. 236 of 2009 whereby the appellant - accused has been convicted under Sec. 302 of Indian Penal Code and sentenced to life imprisonment and has been imposed fine of Rs. 10,000/ -, in default, simple imprisonment for six months thereunder.

(2.) The facts leading to the alleged offence are that on 16.08.2009 while travelling in the general compartment of Ahmedabad - Puri Express, the accused had an altercation with a co -passenger - deceased Noorkhan Pathan and his family. As a result of this altercation with the deceased, the accused pushed the deceased out of the running train when the deceased was standing near wash basin adjacent to the door. It is the case of the prosecution that this incident occurred after the train had left Surat railway station at around 2230 hours and between Chaltan and Bagumara railway stations.

(3.) Mr. Gajendra Baghel, learned advocate appearing for the appellant, submitted that there is nothing on record to establish that the accused is involved in this case except the complaint and the evidence of P.Ws. 5, 7 & 8 who are interested and related witnesses. He submitted that the trial court ought to have appreciated that the train was overcrowded and there were number of passengers boarding and alighting at Surat station and therefore the deceased had actually slipped out of the running train. He submitted that the prosecution has failed to examine independent witnesses who had witnessed the incident in question when the train was crowded with passengers.