RAFIQ ALAM PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) EARLIER it was reported to this Court that the appellants are absconding. Therefore, this Court by order dated 21-1-2008 sent back the matter to the registry with direction to assign it to the court as and when they surrender. Today, learned A. P. P. Ms. Punani submitted that the appellants have surrendered and they are in custody. Therefore, this appeal is taken up for hearing.

(2.) THE appellants - convicts have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed on 23-10-2001 by Addl. City Sessions Judge, Ahmedabad in Sessions Case No. 67 of 1999 convicting them for offences punishable u/ss 302, 304 (2), 307, 324, 147 and 149 of the I. P. Code and sentencing them to undergo various imprisonments. Accused Mohammed Husein @ Husein Chhipa Ganibhai Chhipa has not preferred appeal against his conviction.

(3.) ACCORDING to the prosecution case, deceased Natraj scolded the accused as they asked his sister-in-law Dakshaben, to sell liquor brought by them. Keeping grudge of this incident, on 22-4-1998 at about 11-00 p. m. accused Rafiq, Mustaq, Mohammed Husein and Irfan with sword, and absconding accused Kallu with 'dharia' assaulted Natraj and inflicted 20 fatal injuries. One Gauriben Baldevbhai tried to rescue his brother Natraj, therefore, accused Rafiq, Mustaq and Irfan caused injuries to her with sword. During the quarrel, the accused also caused injuries to Yusuf Ismail and Ramesh Mithulal. The injured were taken to the hospital where Natraj and Yusuf died.