SHARIFKHAN SALIMKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has been convicted by the learned Additional Sessions Judge, Court No.4, Ahmedabad City (hereinafter be referred to as "the trial court"), in Sessions Case No. 353 of 2012, whereby the learned Additional Sessions Judge has held the appellant - accused guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of life for the offence punishable under Section 302 of the Indian Penal Code and fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for six months.

(2.) The appellant - accused has preferred the present criminal appeal under Section 374 of Criminal Procedure Code, 1973 inter alia contending that the trial court has not properly appreciated the evidence on record and has committed serious error of law and facts in convicting him for the alleged offence. It is contended by the appellant that the complainant who has lodged the complaint is not eye witness and on that basis, hearsay facts, he has lodged the complaint. It is also contended that the evidence of Mumtazbegam Sulemankhan Pathan, P.W.9 and Shabinaben Sarifkhan Pathan, P.W.12 as well as deposition of the medical officer does not inspire any confidence and there are contradictions in the evidence. It is also contended by the appellant that the reasoning given by the learned Additional Sessions Judge is contrary to law and oral as well as documentary evidence on record and, therefore, the impugned judgment and order of conviction deserves to be quashed and set aside. Therefore, he has prayed to allow the appeal.

(3.) The brief facts of the present case as emerged from the record are that the complainant Sarver Hussain Ikbal Hussain Shaikh had married with Shabina and out of their wedlock, a girl child was born and due to internal problem Shabina left the house of the complainant and, thereafter, Shabina along with her daughter namely Shabnam @ Kaynat was residing with the present appellant - accused. It is also the case of the prosecution that the accused was disliked that Shabina was living along with her daughter Shabnam with him and for that reason, there were frequent quarrel between the appellant and Shabina and on fateful day i.e. on 22.05.2012, the appellant has inflicted kick and fist blows to the girl child and thrown her on surface and due to which she sustained internal and external injury. It is alleged that when the complainant came to know this fact, he rushed to the house of the accused and found that there was injury mark on the face of Shabnam and, therefore, he informed the police control room and, thereafter, she was shifted to the civil hospital where she was declared as died. It is also alleged that the postmortem of the deceased girl child was carried out and on that basis, the complainant has lodged the complaint before Isanpur Police Station which was registered as C.R.No.I-129/2012 for the offence punishable under Section 302 of the Indian Penal Code on 23.05.2012. Before that, entry No.29 of 2012 as to accidental death was made before the police and during the investigation of that accidental death entry, it was found that Shabnam was died due to internal and external injury and, therefore, the complaint came to be lodged on that basis and the offence was registered against the present accused.