FIROZ HABIBBHAI SAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case no. 46/2000, whereby the present appellants have been convicted for the offence under section 302 read with Section 120-13 as well as for the offence under Section 397 120b and Section 452-120b of IPC and the sentence has been imposed for life imprisonment with fine of Rs. 5,000/- on each of the appellants. It may be stated that the other co-accused were also sentenced for the other offence, however, as they have not preferred appeal, the said aspect is not required to be staled for the purpose of the present appeal.

(2.) AS per the prosecution case, on 5. 11. 1999 when the complainant Navalsinh naruba Vaghela was on duly, at about 10 o'clock after putting on the uniform, he had come out in the lobby and at that time on the second floor of Umesh Complex at the lobby, one Sobhrajbhai Sadhurambhai sonwani. who was running finance business, was shouting lhat he has been attacked with knife and his money was being taken away and, therefore, he shouted for catching those persons. Therefore, the complainant from the third floor of the said complex, inquired with Sobhrajbhai sadhurambhai Sonwani - the deceased about the happening and the complainant was told by the deceased lhat two unknown persons by giving knife blows had made the robbery of his money. Hence, the complainant saw one Mahavirsinh, who was also working in security service at the ground floor and told him that somebody by giving knife blows to Sobhrajbhai sadhurambhai Sonwani, has run away and, therefore, he may catch hold of. Sobhrajbhai Sadhurambhai Sonwani deceased was shouting by taking support of the lobby in the second floor and he was also injured and, therefore, the deceased was carried in the lift at the downstairs and the complainant also came at the downstairs and saw that at the ground floor mahavirsinh had caught hold of one person and the other persons also had surrounded at the place and when the complainant reached there, upon the inquiry by mahavirsinh, the said person, who was caught, stated his name as Firoz Habibbhai sama - appellant - accused No. I herein and he also stated that he and Natubhai lavjibhai Lakhtariya, appellant No. 2 herein, both had come for taking loan at the second floor and in the office, one person was sitting and the bag of money was lying and since the said person was alone by throwing chilly powder and causing injuries with the knife, the said bag of money was taken away by Nalu - accused No. 2 herein and he has run away. Thereafter, the police had taken accused No. 1 - Firoz Habibbhai Sama in the police van and the Sobhrajbhai sadhurambhai Sonwani was taken to hospital and he had died. The complaint was filed with Pradyumannagar Police station at Rajkot by the said complainant.

(3.) THE police investigated into the complaint and ultimately filed charge-sheet against four accused namely; appellanl nos. I and 2 herein as well as against one vinod Girdharlal Rahiya and Hiteshbhai giridharlal Rahiya.