SIRAJBHAI DILAWARBHAI BAILIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants, who were original accused in Sessions Case No. 69/2000, came to be convicted by the learned Fast Track Court Judge, Amreli, on 4. 10. 2002, for the offence punishable under Section 302 r. w. Section 34 of the Indian Penal Code and each of them was sentenced to undergo R. I for life and to pay a fine of Rs. 10,000/-, in default, S. I for two months.

(2.) THE prosecution case, in nutshell, is that the incident occurred on 25. 4. 2000 at about 21. 30 hours, in the area called Navali Market in Liliya town, District : Amreli. It is alleged that at the time of the incident, deceased Alibhai Gulabbhai, along with his brother, first informant, Firojbhai Gulabbhai, was proceeding to meet one Jahirbhai regarding water connection. When they both reached at the place of the incident, all the three appellants intercepted the deceased and inflicted fist and kick blows on the body of the deceased and appellant No. 1-Siraj and appellant No. 2-Mustaq caught hold of the deceased and appellant No. 3-Salim inflicted a knife blow on the body of the deceased. The incident was reported by first informant Firojbhai to Liliya Police Station and the offence was registered. During the course of investigation, statements of material witnesses were recorded and incriminating articles came to be seized by drawing different panchnamas. After collecting the required material for the purpose of lodgment of charge sheet, charge sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Liliya against the appellants. Since the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court at Amreli, where it was registered as Sessions Case No. 69/2000.

(3.) THE learned trial Judge framed charge against the appellants at Exh. 1, to which they did not plead guilty and claimed to be tried. Thereupon, the prosecution adduced oral and documentary evidence. The prosecution examined 15 witnesses and produced the required documentary evidence. After the prosecution concluded its oral evidence, the learned trial Judge recorded further statements of the appellants under Section 313 of Cr. P. C. , and all the appellants, in their further statements, denied generally all the incriminating circumstances put to them by the trial Court and stated that they were falsely implicated in this case. After considering the evidence on record and submissions made on behalf of both the sides, the learned trial Judge came to the conclusion that the prosecution successfully proved its case beyond reasonable doubt against the appellants and recorded their conviction for the offence punishable under Section 302 r. w. Section 34 of IPC and awarded sentence as hereinabove referred to in this judgment.