ASIF KHAN Vs. STATE OF MAHARASHTRA AND ANOTHER

JUDGEMENT

(1.) These appeals have been filed against the judgment of the High Court dated 05.05.2014 dismissing the Criminal Appeals filed by the appellant and allowing the Criminal Appeals of the complainant as well as that of the State of Maharashtra.

(2.) As per the prosecution story on 21.10.2010 at about 8 AM in the morning, the complainant was standing at Bazar Pati Chowk and his brother Sardarkha was standing at some distance. At that time, it was alleged that all the accused came there and asked the complainant to allow them to take water from the common well for one day due to load shedding. Complainant refused to give excess water and asked the accused to take water by rotation. At that time, they abused complainant and accused No.1, i.e. Nasibkha assaulted him. His brother Sardarkha who was standing at some distance, intervened. Thereafter, the accused Nos.1 and 2, i.e., Nasibkha and Asifkha went to their house on motorcycle and immediately returned. The accused No.1 challenged Sardarkha to stop him from drawing water. Sardarkha tried to convince him. Accused No.1 assaulted Sardarkha by knife on his right rib and accused No.2 caught hold the neck of Sardarkha. The accused Nos. 3 and 4, i.e., Jabbarkha and Ansarkha punched the complainant. Immediately after the incidents, Sardarkha was taken to Ghati Hospital, Aurangabad by Jeep and complainant and others followed him in another jeep. He was admitted in the hospital at about 10 AM, where the doctor declared him dead.

(3.) A First Information Report was lodged on the same day under Sections 302, 323, 504, and 506 read with Section 34 of the Indian Penal Code against all the accused, who were named in the FIR. Accused were arrested on 22.10.2010. On 26.10.2010, accused No.1 gave a memorandum of statement under Section 27 of the Indian Evidence Act and in consequent to the said memorandum weapon was recovered. After completion of the investigation, charge sheet was filed under the aforesaid sections.