RAFIKBHAI @ HAKUDI KASAMBHAI KHATAKI Vs. STATE OF GUJARAT
LAWS(GJH)-2008-1-286
HIGH COURT OF GUJARAT
Decided on January 09,2008

Rafikbhai @ Hakudi Kasambhai Khataki Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) BOTH the appeals arise out of a common judgment and order dated 15.9.2003 rendered by the learned Additional Sessions Judge, Amreli in Special Case No.38 of 2003.
(2.) RAFIK @ Hakudi Kasambhai, appellant in Criminal Appeal No.1513 of 2003 was original accused No.1 and appellant in Criminal Appeal No.1276 of 2001, Ashraf was original accused No.2. These appellants shall hereinafter be referred to as accused No.1 and accused No.2 respectively. Charge against the accused was that on 11.4.2003 at 10.30 at night, accused assaulted complainant Vijay Fulchandbhai. Accused No.1 had a knife with which he gave one blow to the complainant on his stomach. At that time, accused caught hold of the complainant. They were, therefore, charged with offence punishable under section 307 of the Indian Penal Code. They were also charged with offence punishable under the Bombay Police Act well as under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They were acquitted of the offence under the Bombay Police Act as well as the Atrocities Act. They were, however, convicted under section 307 of the Indian Penal Code. Both the accused were sentenced to rigorous imprisonment for 5 years and directed to pay fine.
(3.) COMPLAINANT Vijay Fulchand, PW -6 was examined at Ex.23. He stated that he had married to one Vimlaben. Out of the marriage, he had two sons and one daughgter. About 2? years before the incident, his wife had gone with accused No.2. She at that time taken away his daughter. His sons were staying in a hostel at Paldi. On the date of the incident, in the afternoon, witness received a phone call from Rector of the hostel informing him that his wife had come to the hostel with two other persons to take away his sons with them. He instructed the Rector not to hand over the boys to his wife. On that day, by night, when he was sitting at his brother Jayantibhai's house, the accused persons came there in a rickshaw and started quarreling with the witness asking him why he did not allow to take away the boys. Accused No.1 had a knife with him. He then ran after the complainant and accused No.2 caught hold of his brother Jayantibhai. Accused No.1 gave a knife blow to the complainant on his stomach. Thereafter, they ran away in a rickshaw. In the cross -examination, he denied the suggestion that he himself was trying to inflict knife injury to his wife at which time accused intervened and in a scuffle, he received knife injury by accident. Brother of the complainant, Jayantibhai, PW -7 was examined at Ex.28. He stated that on 11.4.03 at 10.30 at night when he was at his house, accused No.1 came with an open knife. Accused No.2 was also with him. They inquired about the complainant. The complainant was sitting in the varandah. Accused No.1 saw him and ran after him with a knife. He tried to intervene, but accused No.2 caught hod of him. Accused No.1 gave a knife blow to his brother Vijay on his stomach. He thereupon fell down on the ground bleeding.;


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