- (1.)The appellant herein was convicted for commission of an offence punishable under Secs. 302/34 of the Indian Penal Code ("I.P.C." for short) and had been sentenced to undergo rigorous imprisonment for life as also a fine of Rs. 500/- and in default thereof to undergo additional three months simple imprisonment. He was prosecuted along with three others for sharing common intention for causing death of one Siddique Ahmed Patel and causing simple hurt with sharp-cut weapon to Yusuf Adam Patel (P.W. 3).
(2.)At about 5-45 p.m. on 29-11-1993, the deceased was allegedly going to a mosque for offering prayer (namaz). When he was passing by the house of the accused persons situated at Village Sarod, all the four accused persons were standing there. A quarrel ensued between them, when the deceased Siddique was asked as to why he had entered into a transaction of the house instead of land to which he answered that he had entered into a transaction with his maternal uncle, whereupon the appellant herein allegedly inflicted a stick-blow on his head, as a result of which he fell down. Accused 1 Bilal Ahmed Ibrahim Kabha thereafter inflicted a knife below on his chest. Yusuf Adam Patel tried to intervene and in the process he was also injured; a knife injury on him was caused by accused 2. Accused 3, the mother of the appellant herein was said to have a sickle in her hand. The deceased and the injured were said to have been taken to the referral hospital at Jambusar, where Siddique was declared dead and the injured was asked to go to Baroda Hospital. A First Information Report was lodged in this behalf by one Mehmood Adam Patel. On completion of investigation, a charge-sheet was filed for offences punishable under Sec. 302 I.P.C, Sec. 302 read with Sec. 34 I.P.C, Sec. 324 I.P.C, Sec. 324 read with Sec. 34 I.P.C. and Sec. 135 of the Bombay Police Act.
(3.)Before the learned Sessions Judge nine witnesses were examined on behalf of the prosecution. The learned Judge while passing a judgment of acquittal in favour of accused 3, convicted Bilal Ahmed for commission of an offence punishable under Sec. 302 I.P.C. Accused 2 Ahmed Ibrahim Kabha was found guilty for commission of offence punishable under Sec. 302/34 I.P.C. as also under Sec. 324 I.P.C, whereas the appellant herein was found guilty of commission of offence punishable under Secs. 302/34 I.P.C, where against an appeal was filed.