AFAJAL SAMASUL ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellants challenge the judgment and order dated 28th July, 1994 passed by the Additional Sessions Judge, Thane, in Sessions Case No. 557 of 1992, whereby they have been convicted and sentenced in the manner stated hereinafter :

(2.) SHORTLY stated the prosecution case runs as under : on 14-2-1992 at about 12. 15 to 12. 30 a. m. the informant Abdul Jabbar Shaikh P. W. 1, a resident of Aashabibi Kalyan Road, Nasikwala Chawl, Bhiwandi, returned back to Biwandi in his car. When after parking his car, he was proceeding for his house he saw the Appellant-Afajal Ansari easing in front of his house and questioned him, on which the Appellant-Afajal Ansari replied whether the place belongs to his father. After easing Appellant-Afajal Ansari inflicted fist blows on the informants person and caused bite injuries to him. The informant pushed him and raised shouts hearing which his father Banemiya Shaikh P. W. 2, his paternal aunt Kulsumbi, his wife Hameda Shaikh P. W. 8, his daughter Tabassum Shaikh P. W. 7, Halimabi Shaikh P. W. 4, Abdul Shaikh P. W. 5 and Iqbal Sayyad P. W. 6, came. In the meantime, Appellant-Afajal Ansari went to his house and came back with a stick and Appellant-Asammahammed Noor Mohammed Ansari, with a cable wire in his hand also came. Appellant-Afajal Ansari inflicted a stick blow on the informants back, resulting in his falling down. He also inflicted a stick blow on the head of his paternal aunt Kulsumbi and Appellant-Azam Mohammed Noor Mohammed Ansari assaulted Kulsumbi with cable wire on her head. Thereafter Appellant-Afajal Ansari assaulted Banemiya Shaikh with the stick. In the meantime people gathered there. They intervened. Thereafter in the informants car, the informant, his father Banemiya Shaikh and paternal aunt Kulsumbi were taken to Kumbharwada Police Station where the police told the informant to take his father and paternal aunt to Indira Gandhi Hospital at Bhiwandi, as they were seriously injured. Thereupon the informant took his father and paternal aunt to Indira Gandhi Hospital, Bhiwandi.

(3.) THE evidence of Dr. Khalil Tumandar P. W. 3 shows that from 8 p. m. on 15-2-92 to 8 a. m. the next day, he was on duty at Indira Gandhi Hospital, Bhiwandi and examined Kulsumbi, Banemiya Shaikh P. W. 2 and Abdul Jabbar Shaikh P. W. 1. On the person of Kulsumbi he found the following injuries :