NASIUDDIN MOHINUDDIN MALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS common judgment will dispose of both the Appeals which arise out of the same judgment dated 21st July, 1999 passed by the Additional Sessions Judge, Mumbai in Sessions Case No. 560/95. The learned Judge convicted the three appellants in these two appeals and accused No. 6 of the offences punishable under section 365, 387 read with section 34 of the I. P. Code and 395 read with section 397 of the I. P. Code. On the first count he sentenced each of them to suffer R. I. for five years with a fine of Rs. 10,000/- each, in default to suffer further R. I. for three months, on the second count R. I. for five years with fine of Rs. 10,000/- each, in default to suffer further R. I. for three months and on the third count R. I. for seven years with fine of Rs. 10,000/- in default to suffer further R. I. for six months. Feeling aggrieved thereby the accused No. 5 Nasiuddin has preferred criminal appeal No. 473/1999, whereas accused Nos. 1 and 4 have preferred criminal appeal No. 525/1999.

(2.) IT may be pointed out that initially there were 7 accused out of whom two were absconding and therefore, the trial was separated against five accused, out of who 4 were convicted. Accused No. 6 has not filed any appeal whereas accused No. 7 was acquitted of all the charges.

(3.) IN support of its case the prosecution examined in all 10 witnesses including the complainant Ghisulal PW-1, his driver Mohammed Rafiq, Special Executive Magistrate, Dattaram Kambli PW-9 and INvestigating Officer P. I. Subhash Pawar, PW-10. The learned Judge upon consideration of the evidence on record came to the conclusion that the prosecution had succeeded in proving its case against accused Nos. 1,4,5 and 6 who failed to prove it against No.7IN this view of the matter, the learned Judge proceeded to pass the impugned order as stated above.