ABDULWAHAB ABDULMAJID BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT ("the Accused" for short) along with other 25 accused was charged and tried by the learned Additional City Sessions Judge, Court No. 4, Ahmedabad in Sessions Case No. 13 of 1997 and 14 of 1997 for commission of the offence under Sections 302, 365, 387, 332, read with Section 34, 120b, 201, 202 of the Indian Penal Code ("the IPC" for short), and under Section 21 (1) (a) and 27 of the Arms Act, on the accusation that the Accused and the other accused persons belonging to the gang of Abdul Latif Abdulwahab Sheikh " accused no. 24, who was supplying the foreign liquor, hatched a conspiracy to kill Bhagwandas Dwarkadas Sindhi, who was importing foreign liquor and not purchasing the same from deceased Abdul Latif Abdulwahab Sheikh. As a part of that conspiracy, deceased was kidnapped and thereafter the Accused fired bullet from his foreign made revolver, which he has possessed illegally, and caused the death of Bhagwandas Dwarkadas Sindhi.

(2.) AT the end of the trial, as the Accused was found guilty of committing murder of Bhagwandas Dwarkadas Sindhi, he was convicted vide judgment and order dated 19. 8. 1999 for commission of the offence punishable under Section 302 of the IPC and was sentenced to suffer imprisonment for life and fine of Rs. 10,000/- in default SI of 3 months, whereas for remaining offences, the accused was acquitted.

(3.) DURING the pendency of the trial Accused No. 14 " Mohamadrafiq Ganibhai Shayer Chipa and Accused No. 24 " Abdullatif Abdulwahab Sheikh died, therefore, case against them has been abated. So far as remaining accused are concerned, since the prosecution failed to establish the charges leveled against them, they have been acquitted of the offences with which they were charged.