MOHAMMED JUNED RASHID PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aggrieved by the judgement and order dated 13.06.2012 by which the appellant original accused no. 1 has been convicted for the offences punishable under sections 302, 324, 201 and 379 of the Indian Penal Code and sentenced to undergo life imprisonment thereunder, this appeal is preferred.

(2.) The charge framed by the learned Sessions Judge is at Ex. 2. It is the case of the prosecution that on 07.03.2011, between 3 and 3.45 early in the morning, Bharatbhai the complainant heard some noise while he was sleeping. When he got up, he saw the accused who was trying to steal a bicycle. On being challenged, the accused tried to flee.

(3.) Bharatbhai Thakorbhai Patel lodged the First Information Report at Ex. 25. He was examined as P.W. 8 at Ex. 24. In his testimony which he confirms with the narrative in the complaint so lodged, he states that on the night of 06.03.2011 and early morning of 07.03.2011, while he was sleeping at his house, he heard some noises on the ground floor. He came down to wake up his brother Navin. He together with his brother Navin and other persons of the neighbourhood namely Bhikhubhai, Tarunbhai, Chhaganbhai, Girishbhai and Ketanbhai caught hold of a person who was trying to remove a bicycle that was belonging to one Chhaganbhai. All the persons of the neighbourhood caught hold of the accused who identified himself to be one Mohammad Junaid. While the accused was in their custody and they were proceeding to the Navsari police station, near the Masjid, the accused brought out a knife and started attacking the persons under whose custody he was namely Tarunbhai, Chetanbhai, Bhikhubhai and Girishbhai. Bhikhubhai sustained injuries on being so attacked by the knife at the hands of the accused. Injuries were also sustained by the other persons. The accused fled the scene.