RAFIK YAKUBBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present ap peal is directed against the judgment and order dated 7-5-1999 passed in Sessions case No. 177 of 1998 by the learned Sessions Judge, rajkot, recording conviction of the appellant (for short accused) for offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 20,000/- and in default of payment of fine to undergo rigorous imprisonment for seven years.

(2.) THE short facts of the case briefly stated herein are that the original accused was charged with having committed offence under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act, as stated in detail in the charge framed by the Sessions Court. It is alleged that on 24-5-1998 the accused had committed the aforesaid offence and killed his real sister on the terrace of the house at vithrang Society, Varia plot, Rajkot. The accused was also accused for murder of a minor child by knife blow and ultimately was acquitted. However, the family members of the accused were not happy regarding his involvement in such incident and they had to suffer inasmuch as they had to vacate the premises where they were living earlier because of such incident involving the accused in such a heinous crime. Therefore, on 23-5-1988 at about 6 O'clock in the evening when the accused visited the house situated at Vitrang Society, Rajkot, his deceased sister Salma is said to have stated that as he is murder he should not enter the house and visit them and there was some quarrel. Thereafter, he stayed on that day at his house where the deceased sister salma was sleeping on the terrace and the accused was also sleeping on the terrace whereas other members of the family were sleeping downstairs. The accused annoyed with the displeasure shown by the deceased sister Salma and the quarrel and also the attitude of the other family members, was angry and agitated and therefore committed murder of his sister with a knife blow on vital part - cutting blood vessel and trachea, carotid arteries on both sides are cut down, hyoid bone raptured. Therefore, when the other members of the family including father of the accused herein as well as his deceased sister Salma, hearing the shout of the deceased, reached the terrace and saw the accused with knife in his hand and the dead body of the deceased in pool Of blood. Therefore, the father of the accused herein informed the police by telephoning and lodged the complaint at Exh. 12.

(3.) ON the basis of the complaint, investigation was carried out. As sufficient incriminating evidence was found against the accused for commission of the offence punishable under Section 302 of IPC, charge-sheet came to be filed in the Court of learned judicial Magistrate, First Class, Rajkot. However, as the offence under Section 302 of Indian Penal Code is exclusively triable by the Court of Sessions, the learned Judicial magistrate First Class, Rajkot, committed the case to the Court of Sessions, Rajkot.