2003 Supreme(Guj) 487

Gujarat High Court
Judgename :H.H.MEHTA, SHARAD D.DAVE
YAKUB ISMAILBHAI PATEL - Appellant
Versus
STATE - Respondent
CRIMINAL APPEAL 327 of 1998
Decided On : 08/29/2003

Headnote:

Indian Penal Code -Section 302,34 -Code of Criminal Procedure, 1973 Section 374 -Bombay Police Act -Section 135 -Appellants-original accused, by filing this appeal and order the appellant no. 1 was convicted under Sec. 302 of the Indian Penal Code and appellant nos. 2 and 3 were convicted and sentenced them to imprisonment for life. facts of the present case are as under: at about 13-15 hrs. Railway Police received a Vardhi from one Abdulmajid containing that "knife blow is inflicted. " In this regard entry no. 24/95 was recorded in police station diary. On the strength of the said entry Railway police station went to the scene of occurrence, prepared inquest report of dead body and also drew panchanama of scene of occurrence. In the meantime, at about 17. 40 hrs. complaint was given. In the said complaint, it is stated that he happens to be a friend of (deceased) for the last 15 years and said has been allotted one quarter in B scale colony of railway colony but he was not residing there. He gave the quarter to his relative. Nearby the quarter (accused no. 1 ) was residing. The complainant also used to visit the said quarter. there was altercation/dispute and quarrel in between accused no. 1 and deceased in respect to the said quarter, as he wanted to get it evicted. (the day of incident) while said was returning from the house of his friend, somewhere near railway colony, he saw accused no. 1 and accused no. 2 along with other person. They were running. There was (kukari) in the hand of accused no. 1. There was also Jamaiya in the hands of accused no. 2. Therefore, he went towards fuel room of diesel shed, where he saw the dead body in a pool of blood lying near railway tracks. One (witness) was also there. In the inquiry, he could gather from said Raju that accused no. 1 and 2 along with one another person had inflicted injuries on the person and thus has resulted into his death. Said Munna had also seen the injury on the throat and on face. His said FIR/complaint was registered as I C. R. No. 223/95 with Railway police station –Held SO far as deposition of P. W. no. 2 is concerned, it is recorded at exh. 14. In clear terms he stated that. He states that he is residing and serving in mutton shop situated nearby. He knows deceased Nizamuddin who was serving in railways diesel shed. On the day of incident, the witness was standing outside his lane where Nizamuddin had come and told him that as he was down with fever, he would go with the witness and return after putting his leave. Thereafter, both of them went to the diesel shed on scooter which was driven by the witness. Both of them reached the office at 8. 30 a. m. where they stayed for 2 1/2 hours and thereafter they went to adjoining office also where they stayed for another 2 1/2 hours. Whereupon accused no. 1 came and left. After some time, along with two persons accused no. 1 came. When he was sitting on table and deceased occupied a chair and other members of the staff were also there. Accused no. 1 caught hold of Nizamuddin and told him whether he wants to vacate the house or not.. Thereupon, told "take out the kukari, he has to be beaten". Thereupon, brought accused no. 1 inflicted blows on the neck of the deceased. Thereupon, the other staff members and witness ran away. One of the persons who accompanied the accused no. 1 ran after him. He hid himself in the yard for 45 minutes. He came to the place of incident when people gathered and he saw the dead body. He also saw i p. w. 1 at the place. He told him that he saw three persons running away. To a question whether gave names of assailants the witness stated and one other person were there. To this also told him to go to house and convey the message.. gave complaint to the police in the presence of witness. The police also recorded the statement of the witness. The witness rightly identified accused no. 1 and accused no. 2, to whom accused no.1. The witness also rightly identified the third person but was not knowing his name. The witness also rightly identified the kukari by which the accused no. 1 gave blow to deceased. The other two persons also used to beat by holding him in their hands. The witness also stated that both the persons were also having kukari in their hands. The witness identified the clothes worn by the deceased at the time of the incident –Ordered Accordingly.