IQBAL KASAM JAGA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals are filed against the judgement and order dated 24. 1. 2002 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case Nos. 99-100/1998.

(2.) HEARD learned counsel for the parties. In this case five accused persons were tried. One accused i. e. accused No. 4 had already been acquitted. There are four injuries sustained by the deceased. Two injuries are minor abrasions. The other two injuries one injury is on neck and another on buttock. These two injuries which can be said to be caused by sharp edged weapons are attributed to Iquabal Kasam Jaga. The other appellant accused have not been attributed to any such injury. They have only assigned the role of catch holding of the deceased. The learned trial Judge has convicted the accused under Section 304 Part-I of the Indian Penal Code.

(3.) LEARNED counsel for the appellants has not disputed the incident. However, he has urged that the offence which has been proved against Iquabal Kasam Jaga, the sentence awarded is excessive. As regards other three accused persons, they have been held guilty of offence under Section 304-Part-I read with Section 114 of the IPC. Evidence of abetment is not there. Therefore, they deserve to be acquitted. Since one of the identical accused has been acquitted, they also deserve the same treatment.