MOHMAMMED ASLAM ASIFALI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Section 374 of the Criminal Procedure Code against the judgment and order dated 05.08.2002 passed by learned Additional Sessions Judge, Court No.10, Ahmedabad in Sessions Case No. 114 of 2001 for the offence punishable under Section 201 of the Indian Penal Code (hereinafter referred to as "IPC" for short) and Section 135(1) of the Bombay Police Act. By the said judgment, the appellant-accused was sentenced to undergo (i) rigorous imprisonment for a period of six years and ordered to pay Rs.5000/- as fine and in default of payment of fine, simple imprisonment for a period of one year was imposed for the offence punishable under Section 201 of IPC (ii) simple imprisonment for a period of one month and ordered to pay Rs.250/- as fine and in default of payment of fine, simple imprisonment for a period of 15 days was imposed for the offence punishable under Section 135 of the Bombay Police Act. Both the sentences were ordered to run concurrently.

(2.) As per the prosecution version, on 21.02.2001 at about 7.30 to 8.00 hours in the evening, due to dispute as regards the financial transaction, some altercations took place between the deceased and the present appellant-accused as well as absconding accused, due to which, the absconding accused caught hold the deceased and the present appellant gave two blows of big knife. Ultimately, the deceased succumbed to the injuries given by knife and died. Thereby, the appellant committed an offence punishable under Section 302 read with Section 34 of IPC.

(3.) Investigation was carried out and charge-sheet came to be filed against the accused in the Court of learned Magistrate. As the case was sessions triable, the same was committed to the Court of Sessions. Thereafter, the charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.