SHAIKH ABDUL KADAR Vs. STATE

JUDGEMENT

(1.) THE appellant who stands convicted for an offence punishable under Sections 302 and 307 of the Indian Penal Code and under Section 25 of the Arms Act, 1959, sentenced to imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo further Rigourous Imprisonment for one year, Rigourous Imprisonment for five years and a fine of Rs.2,000/-, in default to undergo further Rigourous Imprisonment for two months and Simple Imprisonment for six months and to pay a fine of Rs.500/-, in default to undergo Simple Imprisonment for seven years, respectively, by the Sessions Judge, Panaji, by Judgment dated 31st December, 2003, in Sessions Case No.23 of 2002, has filed the present appeal challenging his conviction and sentence.

(2.) THE facts in brief as are necessary for the decision of this Appeal can be stated as under:-

(3.) ON completion of the investigation, a charge-sheet came to be filed and after committal of the case to the Court of Sessions, the Sessions Judge, North Goa, Panaji vide Exh.6, framed a charge against the appellant/accused for offence punishable under Sections 302 and 307 of the Indian Penal Code and Section 25 of the Arms Act. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution in support of its case examined 13 witnesses which included P.W.1, Shaikh Safina, P.W.2, Shaikh Sarfaraj, P.W.3, Azim Khan and P.W.4, Zainubi, as eye-witnesses. The defence of the appellant/accused appears to be that he had inflicted the injuries in exercise of the right of private defence. The trial Judge repelled the defence of the accused/appellant and convicted and sentenced him as aforestated. Hence the present appeal.