Decided on October 03,2016

Saddik @ Lalo Gulam Hussein Shaikh And Ors. Appellant


PINAKI CHANDRA GHOSE,J. - (1.) These appeals by special leave, have been directed against the judgment and order dated 24.10.2008 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 117 of 2007 and 2274 of 2006 respectively, whereby the High Court dismissed the criminal appeals filed by the appellants herein and confirmed their conviction and sentence for various offences punishable under Section 302 read with Sections 143, 147, 148, 323 of the Indian Penal Code, 1860 [hereinafter referred to as "IPC"].
(2.) The brief facts necessary to dispose of these appeals are that on 04.03.2005 at about 8:00 p.m., one Rajubhai Jesingbhai Vasava(PW1), along with Rajubhai Ramubhai Vasava (deceased), Rakeshkumar Manharbhai Patel (PW2) and Prajeshkumar Ishwarbhai Patel (PW3), four persons, had gone to Amboli Cross-road, on two motorcycles, from the house of Rakeshbhai Tailor at Kholwad, for eating Biryani and after reaching at the Lari of Saddik @ Lalbhai Gulam Hussain Shaikh of Village Kathor (Accused No.1), they ordered four plates of Biriyani. But they were served only three plates of Biriyani with chicken pieces and one plate of Biriyani without chicken pieces. When Accused No.1 insisted on payment for four plates of Biriyani, there was a hot altercation between Rajubhai Ramubhai Vasava and other prosecution witnesses, on the one hand and Accused No.1 i.e. Saddikbhai @ Lalbhai Gulam Hussain Shaikh, on the other. Thereafter, they had to pay money for four plates of Biriyani and all this while Accused No.1 was abusing PW1 and other prosecution witnesses and had also drawn out a knife. However, PW3 intervened and separated PW1 and other prosecution witnesses and Accused No.1.
(3.) Thereafter, when PW1 and other prosecution witnesses were travelling to Village Kholwad on two motorcycles, they met one Kishorbhai Kantibhai Dholia (PW5) who happened to be the uncle of PW1 and narrated the whole incident before him who assured that he would settle the dispute since he was well-acquainted with Accused No.1. Thereafter, while PW5 had gone to fill petrol in his motorcycle, the accused persons came in auto rickshaws to the spot where PW1 and other prosecution witnesses were waiting for the return of PW5 and according to the statement of the complainant (PW1) in the FIR, Accused Nos. 1, 2 and 3 caused knife injuries to the deceased Rajubhai Ramubhai Vasava while other accused persons started beating the complainant and other prosecution witnesses with sticks.;

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