ASIF MOHAMMAD ALI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of a judgment dated 21.2.2013 passed by the learned Additional Sessions Judge, Ahmedabad, in Sessions Case No.188/2011.

(2.) Briefly stated, the prosecution version was that on 3.8.2010, complainant Chunilal Gheesaram arrived at Kalupur railway station at Ahmedabad with his brotherinlaw Kasturbhai Prajapati from Rajasthan. It was late at night. They wanted to go to Isanpur area of the city. They hired an autorickshaw waiting outside the railway station in which already some passengers were sitting which included, besides the driver, one lady and three men. The autorickshaw was taken in a wrong direction on the guise that one of the passengers had to go to a dentist. The autorickshaw was taken through the bylanes of the city at a place which was deserted and had no light. There accused no.1 Asif Pathan took out a knife and a revolver and stabbed Kasturbhai on the left side of the chest causing his death. Even the complainant Chunilal was stabbed a couple of times. Cash of Rs.15,550/ was taken away from Chunilal along with his gold chain and the mobile phone. Two earrings were taken away from the ears of Kasturbhai. Some sundry cash from the pocket was also stolen.

(3.) The five accused were under exh.6 charged with offences punishable under sections 396, 397, 394 of the IPC and section 135 of the Bombay Police Act. Accused no.4 Shahrukh was a juvenile. His case was separated and he was sent to Juvenile Court. Rest of the accused were tried by the Sessions Court.