STATE OF GUJARAT Vs. SHAHNAWAZ ABDULGAFUR BHATTI

JUDGEMENT

(1.) CRIMINAL Confirmation Case No. 7 of 2005 arises pursuant to submission of the proceedings of Sessions Case Nos. 11 of 2002 and 18 of 2003 made under Section 366 (1) of the Code of Criminal Procedure ('the Code' for short) by the learned Additional Sessions Judge (Fast track Court No. 2), District Kachchh at Bhuj, who, by his judgment and order dated 14. 10. 2005, has sentenced respondent - Shahnawaz abdulgafur Bhatti, the accused of Sessions Case No. 18 of 2003, ('the accused' for short) to death for commission of offence punishable under section 121 read with Section 120b of the Indian Penal Code ('ipc' for short) whereas Criminal Appeal No. 2317 of 2005 filed under Section 374 (2) of the Code by the accused Shahnawaz Abdulgafur Bhatti from the jail is also directed against the judgment and order dated 14. 10. 2005 rendered by the learned Additional Sessions Judge (Fast Track Court no. 2) District Kachchh at Bhuj, in Sessions Case No. 18 of 2003 by which the appellant/accused is convicted for commission of the offence punishable under Section 121 read with Sections 120b IPC, 121a, 122 and 123 ipc, 124a IPC, Section 25 (l) (d), 25 (l) (a), 25 (1aa) of the Arms Act, sections 13 (2) and 14 of the Foreigners Act, Sections 4 (b), 5 and 6 of the Explosive Substances Act, 1980, Rules 3 and 6 of the Indian Passport rules, 1959 (Entry into India) Paragraph 3 of the Criminal Law amendment 1961, Paragraph 3 of the Indian Foreigners (Report to Police)Orders, 1971 and Sections 3 and 6 (1) of the Indian Wireless and Telegraphs Act, 1933. 1. 1. For the aforesaid offences, the accused is visited with the following punishments: <FRM>JUDGEMENT_126_GHJ18_2008Html1.htm</FRM>

(2.) AS Criminal Confirmation Case and Criminal Appeal arise out of the common judgment and order dated 14. 10. 2005 rendered in Sessions case Nos. 11 of 2002 and 18 of 2003 by the learned Additional Sessions judge (Fast Track Court No. 2), District Kachchh at Bhuj ('the trial Court' for short), this Court proposes to hear the reference for confirmation of sentence of death and the appeal preferred by the accused together and to deal with the merits of the case against the accused in the light of all the material questions of law as well as facts, and to adjudicate upon the guilt of the accused and appropriateness of sentence of death by this common judgment.

(3.) THE facts emerging from the record of the case, more particularly, as disclosed in FIR and unfolded during trial are as under: