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2017 Supreme(Guj) 882

AKIL ABDUL HAMID KURESHI, BIREN VAISHNAV
Mahmadaslam Immamuddin Shaikh – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Sadhana Sagar
For the Respondents: C.M. Shah

JUDGMENT :

Biren Vaishnav, J.

1. The sole accused Mahmadaslam Shaikh has filed this appeal challenging his conviction and sentence. By a judgement and order dated 06.10.2012, the appellant was convicted and sentenced to undergo life imprisonment, having charged for offence punishable under section 302 of IPC.

2. Briefly stated the prosecution case is that Rizawana, the first informant's wife and the accused Mahmadaslam were co-workers in a garment factory in GIDC estate of Ahmedabad. The accused subsequently left the job and started driving an auto rickshaw. He continued to force Rizwana and insisted Rizwana to break up her marriage with Hajikarim Shaikh, the complainant and marry him. Rizwana resisted. The accused, therefore, threatened to kill her. On 02.10.2009, at 7:15 in the morning, when Rizwana was on the way to factory, the accused Mahmadaslam followed her in his auto rickshaw and insisted her to board his rickshaw. Rizwana resisted. The accused took out a knife and stabbed Rizawana repeatedly in her stomach, chest and on her hand. Rizwana soon died thereafter. The accused was therefore charged for the offences punishable under sections 302 and 307 of the Indian Penal Code. Th




































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