Fatima Bibi had lodged a companyplaint before, the police which was found to be a number cognizable offence at about 8.00 p.m. on 27 6 1968.
died of the shock due to the pressing of his private parts by respondent number Information was sent to the Police Station.
They threw stones which hit P.W.3 Nannubibi, wife of deceased Gulabkhan, one Rahematbibi and P.W. 4 Noorbibi a neighbourer and a close relation of Nannubibi Respondent number1 is said to have companye out with a stick from her house, and went to Gulabkhan to strike him.
It is also necessary to numbere here that respondent number1 had received some injuries on her person in either of the incidents which took place on the evening of 27th June, 1968.
Eventually he.
Gulabkhan thereafter was made to recline on a company.
The learned Sessions Judge held the prosecution story to be proved beyond reasonable doubt in all material particulars.
H. Dhebar and R. N. Sachthey, for the appellant.
Appeal by special leave from the judgment Order dated the 17th July, 1970 of the Gujarat High Court in Crl.
The respondents filed an appeal in the Gujarat High Court from the order of companyviction recorded against them and the State went up in appeal for their companyviction under section 302 of the Penal Code read with section 114 in the case of respondent number2 The State appeal was dismissed by the High Court and that of the respondents allowed.
He got the information at about 9.45 p.m. about the death of Gulabkhan.
1 and 2 were tried by the Sessions Judge, Mehsana.
One such house is of Sardarkhan Muradkhan facing west abutting the road, two houses numberth of the house of the deceased.
A companyplaint of Nannubibi was recorded at about 10.30 p.m. Liyakat was sent for trial before the Juvenile Court.
Jamiyatkhan is the son of Sardarkhan, father in law of the deceased Gulabkhan.
He also believed the evidence of P.W.7 Gulamanabi Shermohmad a close neighbour of the parties to whom an oral dying declaration is said to have been made by Gulabkhan before his death.
The Trial Judge believed their evidence.
Both the brothers had their houses adjacent to each other in this lane facing east.
The boy Liyakat is said to have bitten the deceased on the left shoulder.
The State came to this Court and obtained special leave from the judgment of acquittal recorded by the High Court in the respondents appeal.
That had caused friction between the families of the two brothers.
Finding that the injury caused to Gulabkhan in ordinary companyrse of nature may number be sufficient to cause his death but was likely to cause his death, he companyvicted respondent number1 under section 304 Part I of the Indian Penal Code and sentenced her to undergo rigorous imprisonment for 7 years.
She began giving blows to the goat.
There, were altercations between the members of the families of the, two brothers.
The numberthern one was in occupation of and belonged to the deceased and the southern one was of Allarakha.
The latter two are neighbourers and related to Nannubibi.
Respondent number 1 about an hour later went with a stick in her hand and hurled a blow on Gulabkhan.
One Allarakha Rehman a close neighbour came there, caught hold of the stick, quietened respondent number 1 and sent her back to her house The second part of the story is that Gulabkhan and Nannubibi went and sat in the Angana of Jamiyatkhan son of Sardarkhan, father in law of Gulabkhan.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The victim of the occurrence is the said Gulabkhan.
who is a married daughter of respondent number1 and her son Liyakat who was 15 years old on the date of occurrence were also present at the time of this quarrel.
When Gulabkhan reached the Angana of his house, respondent number1 is said to have put her leg across his legs with the result that he fell down on his back.
was made to the Kalol Municipality by persons of the locality including the deceased and some of the prosecution witnesses that Allarakha, husband of respondent number1 was discharging dirty water of his house towards East which companylects on the road and causes nuisance to the residents of the locality.
Nannubibi intervened and got the blow on her right hand finger.
There are a number of other houses situated around the houses of the two brothers.
67 of 1971.
He rushed to the Police Station and merely informed about his death.
Respondent number.
Respondent number1 sat on his legs and squeezed his testicles and pulled them.
The three eye witnesses to the occurrence are P.W.3 Nannubibi, P.W.4 Noorbibi and P.W.6 Jenatbibi.
It may be stated here that P.W.8 Rasulbhai was sitting in the Bazar at some distance from the place of occurrence in the evening of the 27th June, 1968.
S. Qureshi, Vinal Deve and Kailash Mehta, for the respondents.
The Judgment of the Court was delivered by UNTWALIA, J. There is a locality known as Nani Malokoad in the town of Kaloy, District Mehsena, Gujarat.
287 and 128 of 1969.
A. Nos.
The dismissal of the State appeal by the High Court is final.
He had a younger brother named Gulabkhan Husseinkhan.
Respondent number2 caught hold of the hands of Gulabkhan.
Bai Fatima, respondent number 1 in this appeal filed on grant of special leave by the State of Gujarat, is the wife of Allarakha Hussemkhan.
On 27.6.1968 according to the prosecution story there were two incidents in the Angana i.e. space on the road in front of the houses of the parties .one was at 5.30 p.m. and the other at 6.30 p.m. The, prosecution case is that a she goat of Gulabkhan strayed in the house of Fatima.
In this locality is a road lane running numberth to south.
In the month of June, 1968 a companyplaint.
Gulabkhan directed respondent number1 to go back to her house by gestures of his hand and he also proceeded and pushed her towards her house.
