FIROZ KHAN AKBARKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned senior counsel/counsel for the parties.

(2.) The present appeal assails the Final Judgment and Order dtd. 26/7/2012 (hereinafter referred to as the 'Impugned Judgment') passed by a learned Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur (hereinafter referred to as the 'High Court') in Criminal Appeal No.92 of 2008, whereby the appeal filed by the appellant was dismissed and Judgment dtd. 23/11/2007 passed by the Adhoc District Judge-3 and Additional Sessions Judge, Amravati (hereinafter referred to as the 'Trial Court') in Sessions Trial No.143 of 2005, was upheld. Aggrieved, the appellant is before this Court.

(3.) The appellant (accused no.1) and two other co-accused (accused no.2/Md. Jakaria and accused no.3/Kalimkhan)(There is some inconsistency as far as the spellings of the names of the accused and witnesses are concerned, with slight variations in different record. However, these inconsistencies are irrelevant for the purposes of the present adjudication as the identities of the persons concerned is not in the realm of dispute.) were prosecuted for offences punishable under Sec. 302('302. Punishment for murder.-Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.') read with Sec. 34('34. Acts done by several persons in furtherance of common intention.-When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.') of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). The case of the prosecution is that on 18/4/2005, at about 11.00 PM in the night, there was a quarrel between the accused and one Sukhdeo Mahadeorao Dhurve (hereinafter referred to as the 'deceased') at S.T. Stand, Village Hiwarkhed. Thereafter, on the fateful day, i.e., on 19/4/2005 at about 9.00 AM, the deceased went to Gujri Bazar and he came near a hair saloon/shop, which is in front of the shop of PW3 (Nandu Ganjre). In the meantime, the three accused reached there and there was hot talk between the deceased and the accused, on account of the alleged illicit relations between the informant Ramkala (deceased's sister) and one Rashid Kazi of that village. Suddenly, accused no.2 caught hold of the collar of the deceased. The appellant took a knife and inflicted blows by means of said knife on the chest of the deceased, while accused no.2 kicked the chest and neck of the deceased. Accused no.3 was also present at the time of such assault. Having sustained serious injuries, the deceased was bleeding. It was stated that many persons gathered around the deceased while blood was oozing from his mouth. The accused threw the knife at the site of the incident and fled from the scene. Unfortunately, the deceased died on the spot itself.