AHMEDKHAN SABARKHAN JATMALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.773 Of 2014 Has Been Filed By the accused nos.2 to 5. By judgment and order dated 10.03.2014 rendered in Sessions Case No.13 of 2009, the learned Additional Sessions Judge, Dhangadhara convicted the accused for offences under sections 302, 307, 324 read with sections 143, 147, 148 and 149 of the Indian Penal Code. While convicting the accused of these offences, the learned Additional Sessions Judge sentenced them to undergo rigorous imprisonment for 10 years.

(2.) Criminal appeal No.976 of 2014, therefore has been filed by the State seeking enhancement of the sentence.

(3.) Sandhaji Hamirkhan, the first informant lodged the complaint on 28.05.2009. According to the complainant, he along with his nephew Mahmadkhan @ Rajbha was on his way to Mafatpara, where Mahamadkhan's house was under construction. His son Mujafkhan and others joined him. While they were near Hussainkhan's shop, Sabarkhan Amirkhan original accused no.1 (who has died pending trial) confronted them. He questioned them as to why they were passing by through the vicinity of their house. After brief argument with Mahmadkhan, the accused no.1 Sabarkhan alongwith other four accused brought out their fire arms. They fired shots through this fire arms at Mahamadkhan, Muzafkhan and Hayatkhan Alamkhan. Mahamadkhan and Muzafkhan sustained injuries. Hayatkhan Alamkhan subsequently was carried to the hospital where he succumbed to the injuries.