BALU SUDAM KHALDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is at the instance of two convict persons and is directed against the judgment and order dtd. 2/3/2009 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 637 of 2003 by which the High Court dismissed the criminal appeal referred to above, and thereby affirmed the order of conviction and the consequence sentence dtd. 12/3/2003 passed by the learned Additional Sessions Judge, Pune dtd. 12/3/2003 in Sessions Case No. 323 of 2001, by convicting both the appellants herein for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (for short, 'the IPC') and sentencing them to suffer life imprisonment and a fine of Rs.1000.00 each with the stipulation that in default of payment of the fine they would undergo rigorous imprisonment for further six months.

(2.) It may not be out of place to state at this stage that in all four persons were put to trial including the two appellants herein in the Court of the Additional Sessions Judge, Pune for the offence punishable under Ss. 302 and 323 read with Sec. 34 of the IPC. The appellants herein are original accused Nos. 1 and 3 resply. The original accused No. 2 and 4 resply were acquitted by the Trial Court.

(3.) The case of the prosecution as unfolded in the evidence of the prosecution witnesses and also detailed in the first information report is that on the fateful day of the incident i.e., on 1/4/2001 at about 11.15 p.m., the first informant PW 1, namely, Asgar Shaikh (Ex. 7) was chit chatting with his friend Abbas Baig (deceased). At that time, while the appellant No. 2 herein accompanied by few other individuals was passing by the side, he was accosted by the deceased Abbas. There was some verbal altercation between the two. After sometime the appellant No. 2 herein accompanied by the appellant No. 1 herein and the other two co-accused who came to be acquitted by the Trial Court reached at the spot. A fight ensued in which, the first informant PW 1 Asgar Shaikh was assaulted on his head by means of weapons like sickle and sword. This assault on the head of the first informant PW 1 is alleged to have been laid by the appellant No. 1 herein. The first informant suffered a bleeding injury on his head. Thereafter, a severe assault was laid on the deceased Abbas Baig by means of a sickle and sword. It is the case of the prosecution that the appellants herein had dangerous weapons in their hands in the form of a sword and sickle. The deceased Abbas Baig suffered serious injuries on his body and ultimately succumbed to such injuries.