LAWS(GJH)-2007-4-40

ABDULKARIM FAJALBHAI Vs. STATE OF GUJARAT

Decided On April 12, 2007
ABDULKARIM FAJALBHAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The appellant alongwith his wife Zubedabibi Abdulkarim came to be tried by City Sessions Court in Sessions Case No. 211 of 1995 for the offence of murder, hurt, grievous hurt and commission of breach of Notification prohibiting carrying of weapon under the Bombay Police Act.

(2.) The case against original accused persons was that on 28th June, 1994 at about 1400 hours when Abdulrashid Fajalbhai Shaikh - brother of the appellant was taking his meals with his wife Raziabanu at his home in Ramjinipole, Shahpur area of Ahmedabad, the appellant and his wife Zubeda charged into the house, had an altercation over the property and then the appellant inflicted blows on Abdulrashid with the knife that he had brought with him and upon intervention by Raziabanu - wife of Abdulrashid, caused hurt to her as well as grievous hurt to minor Nahida. Neighbour Samsuddin Pyarmahmed was standing outside his house and he also saw the occurrence. Another person Zahir Gulamhussain Kagdi took the deceased to the hospital where the deceased was declared dead. Raziabanu - wife of deceased Abdulrashid lodged the F.I.R. with Shahpur Police Station on basis of which offence was registered. Investigation was made and ultimately, the Investigating Officer, having found sufficient material against the appellant and his wife, filed chargesheet in the Court of Metropolitan Magistrate who, in turn, committed the case to the Court of Sessions and Sessions Case No. 211 of 1995 came to be registered.

(3.) We have heard learned advocate Mr. N.K. Majmudar for the appellant and learned APP Mr. Bhate for the respondent State.