ABBAS IBRAHIM SULTAN MALIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE instant Appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure against the judgment and order delivered by Sessions Judge, Vadodara, on 18th of November, 2000, in Sessions Case No. 114 of 2000, whereby both the present appellants, being accused of the said Sessions case came to be convicted by the Trial Court for the offence punishable under Section 302 of the Indian Penal Code and each of the appellant has been sentenced to undergo rigorous imprisonment of life and to pay fine of Rs. 200/- in default, to undergo simple imprisonment of three months.

(2.) THE present appellants were charged for the offences punishable under Section 302 of the Indian Penal Code as well as under Section 135 (1) of the Bombay Police Act. The learned Trial Judge was pleased to acquit both the appellants for the offence punishable under Section 135 (1) of the Bombay Police Act.

(3.) AS per the brief facts of the case, the incident occurred at about 17. 30 hours on 13th of January, 2000 at village Anti, Taluka - Padra, District - Vadodara. It is the case of the prosecution that deceased Ibrahim Sultan Malek had illicit relation with mother of accuses No. 1 Abbas Ibrahim Sultan Malek. Before the incident, as per the prosecution case, both the accused threatened deceased on account of this reason to kill the deceased. The complaint has been given by Hasanbhai Abdulbhai Ibrahim Malek, examined as PW-5, Exhibit-24. According to him, on the date of the incident i. e. 13. 1. 2000 he (complainant Hasanbhai) had been to his field situated in the area of Baroli Vaga. Cotton crops were standing in the field and the crops were being reaped by the labourers. At about 5. 30 p. m. he heard shouts of deceased Ibrahim Sultan Malek from his field. Ibrahim Sultan Malek - deceased happened to be uncle of the complainant (i. e. masa, husband of sister of mother of the complainant ). On hearing shouts of deceased, complainant Hasanbhai went towards the field of the deceased. He witnessed that both the appellants were beating deceased with sticks. When he reached at the spot, both the appellants accused ran away from there. He called one Bhailal, who was having the adjacent field. Bhailal was requested to bring a cart and in the cart of Bhailal, injured Ibrahim, at that time, was brought to his residence in his village. Thereafter, complainant attempted to arrange a vehicle to shift the deceased to the hospital. He could not arrange vehicle timely and being little late when he was coming to the village with a vehicle, one person came to him on cycle and stated that Ibrahimbhai had died. He informed the son of the deceased and found that son of the deceased was not likely to reach at the village, he offered his complaint before Padra Police Station, which was recorded by PW-7 Rajendrasinh Natvarsinh Rana, examined at Exhibit-33. A crime was registered, inquest was held and the body was sent to postmortem, panchnama of scene of offence was drawn and on the next day the accused were arrested and ultimately a charge sheet came to be filed against both the appellants, as stated above, in the court of learned Judicial Magistrate, First Class at Padra. The case was committed to the Court of Sessions at Vadodara and vide Exhibit-6 on 12th of June, 2000 charge came to be framed against both the appellants by Trial Court, to which each of the appellants pleaded not guilty.