DAUD AMAD KHATAKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal arises out of judgement and order dated 10.2.2004 rendered by learned Sessions Judge, Fast Track Court, Junagadh in Sessions Case No.129/1998.

(2.) THE appellant herein was original accused No.1 who is charged with offences punishable under Section 307 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. It may be noted that the other accused who were also attributed the same offence, they were acquitted by the trial Court.

(3.) BROADLY stated, the prosecution case was that the appellant had some quarrel with the brother of the complainant. On 23.6.1998, at 20:15 hours, the appellant and other accused therefore, assaulted the complainant. The appellant gave five knife blows and original accused no.2 had at that time held the complainant.