AHMADBHAI KALUBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellant original accused in Sessions Case No.29 of 1999 was charged and tried by the learned Additional Sessions Judge, Sabar Kantha at Himatnagar, for the offences punishable under Sections 302, 307, 326 and 324of Indian Penal Code (for short "IPC").

(2.) THE facts of the prosecution case that on 22.11.1998 the complainant was constructing the work of Bathroom in the galary of the house of the complainant at that time to stop the said construction some threat was given by the accused persons. However, the complainant continued the said construction work. Therefore, at around 3.00 pm all the accused persons rushed to the place of the complainant and accused appellant herein with the aid of accused No.3 Sirajhusein, caused injury to Vaishali, daughter of the complainant by inflicting the knife blow on her chest and thereby she succumbed to the said chest injury. Other accused have also caused injuries to the witnesses. Thereafter, the complainant went to the Idar Police Station and lodged complaint before P.S.I. Rathod. The Police has registered the offence. After registering the complaint the inquest panchnama of the dead body was drawn. Panchnama of scene of offence was carried out in presence of two panch witnesses. Thereafter the dead body was sent for Post Mortem to the Government Hospital. The statement of injured persons and other witnesses were also recorded. The Muddamal was sent to the Forensic Science Laboratory for examination. After receipt of the Post Mortem Report and the Report from the F.S.L. and on completion of investigation, the Police filed charge -sheet against the present appellant accused.

(3.) AFTER filing of the charge -sheet, in the present case, as the offences registered against the accused appellant are exclusively triable by the Court of Sessions, the learned JMFC, Idar, committed the said case to the Court of Sessions, Sabar Kantha at Himatnagar. Thereafter the charge (Ex.8) was framed against the accused persons. In order to bring home the charge levelled against the accused, the prosecution has examined in all 12 witnesses and relied upon their oral testimonies. They are as under :