FARUQMIYA N MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.29/91 is by original accused No.3 and Criminal Appeal No.63/91 is by accused Nos.1 &2 of Sessions case No.77/89. Respective accused have filed these appeals against the judgment and order of conviction dated 7th December 1990 passed by the learned Sessions Judge, Sabarkantha at Himatnagar. The learned Sessions Judge by the judgment and order held accused No.3 guilty under section 302, 324 and 506(2) of the Indian Penal Code and awarded respective sentence of rigorous imprisonment for life, rigorous imprisonment for two years and fine of Rs.500/- in default rigorous imprisonment for six months and rigorous imprisonment for six months, respectively. Learned Sessions Judge has ordered the substantive sentence to run concurrently.

(2.) Few facts leading to the prosecution of the accused are as under :

(3.) The learned Sessions Judge framed charge against the accused. The accused pleaded not guilty and prayed to be tried. The prosecution led necessary evidence to prove the charges levelled against the accused. On completion of the prosecution evidence further statement under section 313 of the Code of Criminal Procedure, 1973 was recorded. In that statement all the accused have pleaded total denial initially. However, thereafter, accused No.3 has filed one additional written statement wherein he has come out with the theory of self-defence which we will deal in detail at an appropriate stage. No defence witness was examined. The learned Sessions Judge after hearing the learned Additional Public Prosecutor and the defence advocate Mr H.N.Zala held the accused guilty of the offence charged against them and awarded respective sentence referred to hereinabove. This judgment and order is assailed in these appeals.