MOHAMMED TAHIR USMANGANI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused No. 1 has preferred this appeal against the common judgment [Criminal Appeal Nos. 38/2013, 1039/2013 dated 10.06.2016] and order passed by the High Court of Gujarat. Vide the impugned order, the High Court dismissed the appeal [Criminal Appeal No. 38/2013] preferred by the appellant herein and partly allowed the appeal [Criminal Appeal No. 1039/2013] preferred by the State, enhancing the conviction of the appellant from under section 304 Part-II of the Indian Penal Code (for short, the 'IPC') to section 304 Part-I of the IPC. The High Court sentenced the accused to undergo 7 years' rigorous imprisonment with no separate sentence for the offence punishable under section 325 of the IPC.

(2.) The incident took place on a farm. The appellant along with his brother-accused No. 2 (since deceased) went to the farm in a Tata Sumo car driven by the appellant. At the farm, there was a fracas between the brother and nephew of the appellant on one hand, and the deceased and his brothers on the other. In the course of it, the appellant fired three shots from a double barrel gun and the deceased was run over with the car.

(3.) Pursuant to the incident, two First Information Reports (FIRs) were lodged. FIR bearing C.R. No. 53/2007, lodged by the complainant against the appellant was tried as Sessions Case No. 30/2008. FIR bearing C.R. No. 54/2007, lodged by the appellant against the brothers of the deceased was tried as Sessions Case Nos. 51/2008 and 52/2008.