MOHMEDFARUK @ PALAK SAFIBHAI MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the captioned Criminal Appeals arise from a selfsame judgment and order of conviction passed by the Additional Sessions Judge, Anand, dated 13th October 2014 in the Sessions Case No.84 of 2011, those were heard analogously and are being disposed of by this common judgment and order.

(2.) The Criminal Appeals are at the instance of three convicts accused. The convict-appellants call in question the legality and validity of the judgment and order of conviction and sentence dated 13th October 2014 passed by the Additional Sessions Judge, Anand, in the Sessions Case No.84 of 2011, by which the trial court held them guilty of the offences punishable under Section 302 read with Section 120B of the Indian Penal Code. All the three appellants have been sentenced to suffer life imprisonment with fine of Rs.1,000=00 each and in default of payment of fine, to undergo further rigorous imprisonment for a period of three months. The trial court, however, acquitted all the three appellants of the offence punishable under Section 323 of the Indian Penal Code.

(3.) The three appellants are residents of the New Memon Colony, Bhalej Road, Anand. There was a problem of supply of water in on of the residential blocks, wherein the original accused no.1, namely Faruk @ Palak Safibhai Memon is residing. In connection with this problem of supply of water, an altercation in words took place between the original accused no.1 Faruk and the deceased. This had happened on 3rd May 2011. It is the case of the prosecution that the accused no.1 Faruk uttered bad words and hurled abuses towards the deceased. On account of this, the deceased informed the members of the society that he may be relieved of the responsibility of supply of water in the society. The residents of the society convened a meeting in this regard at around 9:30 in the night and in the said meeting, the deceased is said to have insulted the accused no.1 Faruk by hurling abuses. Keeping spite of this particular incident, the accused no.1 Faruk is alleged to have hatched a conspiracy with the other two co-accused to do away with the deceased. As a part of the conspiracy alleged to have been hatched between the accused persons, the accused no.1 Faruk collected arms like gupti, daggers, etc. and those were concealed in the dicky of his scooter. On 4th May 2011, the deceased was in company of his first cousin by name MohammadArif Memon. This MohammadArif Memon is the original first informant. On 4th May 2011, the deceased and Mohammad Arif Memon visited at the Shah Petrol Pump on a two wheeler at around 20:00 hours. They got the petrol filled in the two wheeler and left the petrol pump. No sooner the deceased and MohammadArif Memon left the petrol pump, then they were intercepted by the appellants. The appellants were armed with deadly weapons and they laid an assault on the deceased. According to the case of the prosecution, all the three accused laid an indiscriminate assault on the body of the deceased with sharp cutting weapons. The deceased was shifted to the hospital, where he was declared dead. After five days from the date of the incident, the appellants herein came to be arrested. The first cousin of the deceased, namely MohammadArif Memon, who was present at the time of the incident, lodged the FIR Exh.79 on the same day at the Anand Town Police Station, Camp Karamsad. In the FIR, the first informant named all the three accused as the assailants. On registration of the FIR, the investigation had commenced. The inquest panchnama (Exh.25) of the dead body of the deceased was drawn in presence of the panch witnesses. The dead body of the deceased was sent for the postmortem. The postmortem (Exh.12) reveals that the deceased had sustained in all 29 injuries all over his body and the cause of death assigned in the postmortem report is shock on account of multiple injuries all over the body. The death certificate (Exh.13) issued by the P.S.Medical College and S.K.Hospital, Karamsad, confirms the cause of death to be shock following the multiple injuries all over the body. The first informant was also sent for medical examination with a police yadi (Exh.16). The first informant was medically examined and a medical certificate (Exh.17) was issued by the doctor. In the medical certificate (Exh.17), the doctor has noted the history narrated by the first informant. The first informant narrated the history before the doctor as regards the incident which occurred at the Shah Petrol Pump at about 8:30 pm on 4th May 2011. The first informant, in the history narrated before the doctor, stated that he was given a push by the accused no.1 MohammadFaruk Memon. The Investigating Officer carried out the panchnama of the place of the occurrence. The panchnama of the place of the occurrence (Exh.27) was drawn in presence of the two panch witnesses. After the arrest of all the three accused, they were subjected to medical examination. The accused no.1 MohammadFaruk was examined by the medical officer and the medical certificate in that regard (Exh.20) is brought on record. The accused no.2 Amin @ Lalo Memon was also medically examined and the medical certificate of his examination (Exh.22) has been brought on record. In the same manner, the accused no.3 Allahrakha Habib Memon was also medically examined and his medical certificate is at Exh.21.