FIRAOZ GANI MUJAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature at Bombay, dated 17.01.2014, in Criminal Appeal No. 548 of 2008, whereby the High Court has dismissed the appeal and confirmed the conviction of the appellant for an offence under Section 302 of the IPC.

(3.) A brief reference to the facts of the case may be necessary to deal with the case at hand. Accused-appellant (Firoj Gani Mujawar) and juvenile offender (Isak Hussain Shaik) belonged to the same colony. Deceased (Biru Lakshman Pujari) was residing in the same vicinity with his family. It is an admitted fact that the deceased had acquaintance with the aforesaid accused as he used to work under the father of the accused (Gani Rasul Mujawar) some time ago. It was alleged that the deceased was having an illicit relationship with the mother of the accused. On the day of the incident, at about 8:00 PM to 8:30 PM, one boy informed that the deceased was lying in an injured condition in front of the house of one Chandrakant Pawar. Thereafter one Indubai laxman Pujari admitted the deceased to the Hospital. Based on the above facts, an FIR was registered under Sections 307, 34 of IPC and 37(1), 135 of Bombay Police Act, before Karad City Police Station, being FIR No. 228 of 2004. After the death of the deceased, Section 302 was added subsequently.