S.K. KHAJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused - S. K. Khaja has preferred the present appeal challenging the impugned judgment and order dtd. 7/1/2011 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 162 of 1999, whereby the High Court has dismissed the appeal and confirmed the judgment and order of conviction dtd. 31/3/1999 passed by the 3rd Additional Sessions Judge, Nanded in Sessions Case No. 183 of 1996. The Trial Court had convicted the appellant- accused for the offence under Ss. 307 and 332 of IPC and directed to undergo rigorous imprisonment for five years and two years for the said offences respectively.

(2.) The complainant - Mohammad Khan Pathan (PW-2), Police Head Constable, was attached to Police Station Itwara, Nanded, in 1995. As per the case of the prosecution, Kamalbai Gupta (PW-6) and ten other people from Vinkar Colony, Nanded, had made a complaint to the Police Station Nanded against the present appellant - S. K. Khaja alleging that the appellant/accused was demanding ransom and threatening the public at large. The Police Station In-charge - Surendra Mandhan, Police Inspector (PW-7) therefore, ordered the police head constable - Mohammad Khan Pathan (PW-2) to get the custody of accused/appellant in the Police Station for enquiry in connection with the complaint.

(3.) On 10/3/1995, upon receiving the information about the whereabouts of the appellant - accused, the said Mohammad Khan Pathan (PW-2) along with his colleagues, i.e., other police staff, went in search of the accused. On that day, however, the accused was not found. Thereafter, on 11/3/1995 at about 08.00 p.m., the Head constable - Mohammad Khan Pathan (PW-2) and other police staff on receiving the information that the accused - S. K. Khaja was present in the Ram Rahim Nagar, Nanded, they went to Ram Rahim Nagar, Nanded in order to get custody of the accused. On reaching at the spot, i.e., Ram Rahim Nagar, Nanded, the appellant/accused was seen running from the spot and entering into a Masjid at Madina Nagar, Nanded. Mohammad Khan Pathan (PW2) and his team therefore chased the accused and entered into the Masjid at Madina Nagar to catch hold of him. When the said Mohammad Khan Pathan was trying to catch and get hold of the accused, he tried to assault Mohammad Pathan on his head by a Gupti. However, Mohammad Khan Pathan while avoiding the blow on his head, got injury on his right shoulder. Thereafter, the other police constables and staff caught hold of the appellant/accused and the police constable - Suresh Jakkawad (PW-5) snatched Gupti from him. The appellant/accused was brought to the Police Station. The Head constable Mohammad Khan Pathan (PW-2) lodged the complaint, which was registered as Crime No. 45 of 1995 at Police Station, Itwara, Nanded for the offence(s) punishable under Ss. 307 and 332 of the Indian Penal Code, 1860 (for short "IPC") and under Sec. 135 of Bombay Police Act, 1951.