TAKADIR SAMSUDDIN SHEIKH 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. 24/01, whereby, both the appellants-accused have been convicted for the offence under Section 302 of IPC and sentence has been imposed upon them of life imprisonment with the fine of Rs. 1,000/ -.

(2.) IT appears that as per the complainant, Bharat Rajendraprasad trivedi, P. W. 1, the deceased Moyuddin sheikh was dealing in land and he was also purchasing the land in partnership with the complainant as well as with Takdir samsuddin Sheikh (hereinafter referred to as "a-1" for the sake of convenience ). The complainant, deceased and A-1 had agreed to purchase the land admeasuring 355 sq. mtrs. at village Gotri of one Jadauben devabhai Parmar. On the date of the incident, i. e. on 21. 08. 2000, the complainant and the deceased together with a-1 and Rameshbhai Ramlal Kahar (hereinafter referred to as "a-2" for the sake of convenience) had gone to see the land in their respective car. Thereafter, they came back and they decided to see the owner of the land Jadauben Devabhai parmar. It appears that thereafter, at about 2. 30 PM when the deceased and the complainant were coming back in the car, a-1 and A-2 came from the other side in their Maruti Fronti and they told the deceased and the complainant that all have to go to see Jadauben, and therefore, the deceased who was driving the car took a turn and followed the car of A-1. In between, on the way, A-1 gave a signal to stop the car and due to the same, deceased got down from the car and at that time, A-1 as well as A-2 also got down from their car with the sword and started giving indiscriminate blows with the sword. The complainant who was taken aback told A-1 and A-2 to stop giving blows, but A-2 with the sword started running towards the complainant and therefore, he ran away. Thereafter, he requested the persons of the nearby village, but nobody came and then he informed the brother of the deceased on phone and also filed the complaint which was registered with Vadodara Taluka Police station vide C. R. No. 94/00.

(3.) THE investigation was made in connection with the said complaint and thereafter, the charge-sheet was filed before the learned Sessions Judge. Before the learned Sessions Judge, the prosecution in order to prove the guilt of the accused, examined 13 witnesses and also produced the documentary evidence including complaint, the inquest panchnama, PM report, recovery of cloths, arrest panchnama, discovery of cloths, panchnama for discovery of weapon, panchnama of the scene of offence and other relevant documents.