ASIF HAFIZBHAI SIPAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused to challenge judgment dated 28.02.2013 passed by the learned Additional District Judge, Gandhinagar, in Special Atrocity Case No.24 of 2011. By the said judgment, the trial Court convicted the accused for offences punishable under section 302 of the Indian Penal Code and sentenced him to imprisonment for life. He was, however, acquitted for the offence under section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Briefly stated, the prosecution version was that deceased Hasmukh Machchhar and accused Asif Sipai were both students of the same Aaradhana PTC college at Gandhinagar. The incident took place on 07.03.2011. Some four months before this date, the two had quarreled about fetching tea, during which, Hasmukh had slapped the accused couple of times. Keeping a grudge about this, at about 1'O clock in the afternoon on 07.03.2011, the accused fought with the deceased and stabbed him multiple times with a knife. The incident took place in the college and hostel campus itself. The deceased belonged to a Scheduled Caste. A charge below Exh.4 was framed against the accused for having committed offences punishable under section 302 of IPC, section 135 of the Bombay Police Act and section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) We may record the gist of evidence. Shaileshbhai Raval, PW4, Exh.19, was the incharge principal of Aaradhana PTC college at the relevant time. He deposed that at the time of incident, he was on duty. The college and the hostel are situated side by side. At that time, there were 55 students occupying the hostel. His office was at a distance of about 100 feet from the hostel. On 07.03.2011, computer practical examination of the students had commenced. He was busy with such examination and present in his office when at about 1'O clock, one student came running to him and told him that Hasmukh had been assaulted by Asif and was lying in blood. He ran towards the hostel where on the steps of the ground floor of the hostel, he saw that Hasmukh was lying profusely bleeding. The accused Asif Sipai was standing next to him with a knife in his hand. He asked Asif what he had done, upon which, Asif dropped the knife on the floor. Hasmukh was shouting that Asif had attacked him. He made Asif sit on a bench and went to call an ambulance. At that time Asif was saying that he was a pathan boy and that Hasmukh should not act overwise. The witness took Hasmukh to Civil hospital at Gandhinagar in the ambulance. During treatment Hasmukh died. Upon asking Asif about the incident, he had told him that there was a quarrel between two about four months back for fetching tea. His FIR was recorded by the police, which was produced at Exh.20. He had deposed that before leaving the college, he had instructed the staff to keep the knife safely and to detain Asif in a room and to hand him over if the police arrived. He identified the accused as well as the murder weapon knife before the Court. In the crossexamination, no major contradictions or improvements have been brought in the deposition of this witness. The main thrust of the defense was to show that it was possible for anyone to scale the compound wall and enter the hostel premises and that the deceased had other enemies.