HABIBKHAN ISLAMBHAI ARAB Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal, under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code"), the appellant - accused has challenged the judgment and order of conviction and sentence dated 17.05.2011 passed by the Additional Sessions Judge, Panchmahal, Godhra, in Sessions Case No.166 of 2010, whereby the appellant has been convicted for the offence punishable under section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and is sentenced to undergo imprisonment for life and a fine of Rs.1000/- and in default, two months' simple imprisonment.

(2.) The case of the prosecution as unfolded in the trial is that on 01.08.2010, the accused had inflicted a blow of crowbar on the head of the deceased due to altercation between them on the issue of blocking the pathway to the gallery.

(3.) A complainant to that effect came to be lodged by PW-7, Farzana Akil Makrani, daughter of the deceased before the Senior Police Sub Inspector, for the offences under Section 302 and section 135 of the Gujarat Police Act, 1951. Upon registering the aforesaid offences against the accused, the Investigating Officer has carried out the investigation and after following the due procedure of law, a chargesheet came to be filed before the Judicial Magistrate, First Class, Lunavada. Since, the case was exclusively triable by the Court of Sessions, the same was committed to the Sessions Court.