SAJAN HUSEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals have been filed challenging the judgment and order dated 02. 01. 1998 passed by the learned Additional Sessions Judge (Atrocity), Special Court, Kutch-Bhuj in Special Case No. 126 of 1997 whereby the Special Court has convicted the appellants of both the appeals for the offence punishable under Section 302 read with Section 114 of the Indian Penal Code ["ipc" - for short] and sentenced them to suffer life imprisonment and imposed fine of Rs. 5000=00 each, in default S. I. for six months.

(2.) BRIEFLY stated the case of the prosecution is that two years prior to the incident of 13. 02. 1997, a quarrel had taken place between the deceased Harijan Vajabhai and the present appellants over fence allegedly put up by the appellants outside their hut in the slum behind Cargo Petrol Pump. As a result of the said quarrel, the relationship between the deceased and accused had become bitter. On 13. 02. 1997, at about 6. 00-6. 30 p. m. , the accused persons had an altercation with deceased Harijan Vajabhai Bhavabhai outside their slum quarters; abuses were hurled by the accused and the deceased; and the accused thereafter getting enraged gave one blow each with the wooden-log on the face and head of the deceased. The accused Suleman Husain gave a blow on the head of Vajabhai and accused Sajan Husain gave a blow on the face of Vajabhai. Because of the injuries caused by the said blows, Vajabhai died and a case of offence under Section 302 IPC came to be registered against the present appellants. It was also the case of the prosecution that deceased Vajabhai belonged to Scheduled Caste and the appellants gave him castiest abuses. Therefore, a charge under Section 3 (2) (5) of the The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial Court after appreciating the evidence led by the prosecution found the appellants guilty of the offence punishable under Section 302 IPC, but acquitted them of the charge under the Atrocities Act.

(3.) HEARD Ms. Shilpa Shah, learned advocate for the appellants-accused in both the appeals and Mr. Maulik Nanavati, learned Additional Public Prosecutor for the respondent-State. They have also taken us through the entire record of the trial Court.