IMTIYAS MAJIDBHAI CHHAVAD (AADA) MEMAN AND ORS Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Imtiyas Majidbhai Chhavad (Aada) Meman And Ors
STATE OF GUJARAT
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(1.) THE appellants have challenged the judgment and order dated 16.05.2009, passed by the Additional Sessions Judge and Presiding Officer, 3rd Fast Track Court, Junagadh, in Sessions Case No.34 of 2008, whereby they were convicted for the offences punishable under Sections 302 read with Section 114, 324, 325 and 188 of the Indian Penal Code (for short "the IPC").
For conviction under Section 302 read with 114 of the IPC, the appellants have been sentenced to undergo life imprisonment and fine of Rs.2,000/each.
For conviction under Section 324 of the IPC, the appellant Nos.2 and 3 have been sentenced to undergo rigorous imprisonment for six months. For conviction under Section 325 of the IPC, the appellant No.1 has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/, in default of payment of fine, he shall undergo further simple imprisonment for three months. For conviction under Section 188 of the IPC, the appellants have been sentenced to undergo rigorous imprisonment for three months.
(2.) THE case of the prosecution as disclosed during the trial is that on 21.12.2007 the appellants gave filthy abuses to one Imran, who is the brother of the complainantSamir @ Javid by telling that "why you are spreading the word that we are selling liquor" and so saying they started running after imran. Yusufbhai Nasruddin Shaikh, who is the father of Imran came to pacify the appellants at about 1:30 pm. near Kalyan Sweet shop and asked the appellants not to give abuses, whereupon the appellants got angry and started give filthy abuses to the deceasedYusufbhai Nasruddinbhai. The complainant and other persons asked the appellants not to give filthy abuses, whereupon the deceasedYusufbhai Nuruddinbhai was given knife blows. Samir Javid Yusufbhai and his brother intervened to save the deceased but they were also assaulted by appellants. The appellant No.1 gave knife blows in the chest of Samirbhai and appellant No.3 hit up Soda bottle on the head of Samirbhai and appellant No.2 gave blow by thick wooden log. The deceasedYusufbhai died due to the injuries suffered by him in the abdomen. The complaint in respect of this incident was lodged by Samirbhai @ Javed. In pursuance of this complaint, FIR vide Junagadh City "A" Division Police Station ICR No. 246 of 2007 came to be registered.
(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellants. The offences committed by the appellants were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Junagadh under Section 209 of the Code, where it was registered as Sessions case No.34 of 2008. Charge vide Exhibit1 came to be framed against the appellants. They pleaded not guilty and claimed to be tried.
In order to bring home the charge against the appellants, the prosecution examined the following witnesses:
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