SHAIKH UMER HYDER PHULERI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is preferred by the original accused challenging the judgment and order dated March 10, 1992 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.897 of 1988. By that judgment, the learned Additional Sessions Judge convicted the appellant/accused of the offence punishable under Section 302 Indian Penal Code, 1860 (for short "IPC") and was sentenced to undergo the imprisonment for life. The case of the prosecution, briefly stated, is as under.

(2.) The complainant Shahabuddin (PW 1) along with his brother Taimur, since deceased (hereinafter referred to as "the victim"), Shabira (PW 2), widow of the victim and Nabilal (PW 3), son of the victim were residing in Manubhai Company Chawl, Chandiwali Firm, Sakinaka, Mumbai. PW 1 Shahabuddin was working as Bull Dozar Mechanic with one Arjun Master and the victim was owner of a motor lorry bearing registration No.MRL 2922. The victim was carrying on transport business. It is the case of the prosecution that at the relevant time, the lorry was required to be repaired for passing it from R.T.O. and the victim was supervising the repairs work. It is alleged that the victim and the accused were having inimical terms on account of union rivalry, though they were members of the same union. In the past, an incident of assault had taken place between the victim and accused. In the year 1984, there were chapter proceedings on account of disputes between the victim and the accused. It is the case of the prosecution that on April 30, 1988, PW 1 Shahabuddin returned from his work at about 8 to 8:15 pm. He intended to take bath and was about to remove his cloths for taking bath, when PW 3 Nabilal, son of victim came running and said that the accused is beating his father. As soon as PW 3 Nabilal informed about the assault, PW 1 immediately put on his clothes and followed PW 3 Nabilal. He saw the accused stabbing on the chest of the victim with a big knife which was about 12 inch in length. At that very moment, PW 2 Shabira reached the spot of incident.

(3.) It is alleged by the prosecution that on account of stabbing, the victim collapsed on the ground. PW 1 Shahabuddin along with one Gulam took the victim in a rikshaw to Rajawadi hospital where the victim was pronounced dead before admission. FIR exhibit 10 of PW 1 Shahabuddin was recorded and registered in Rajawadi hospital on April 30, 1988 at about 11:25 pm. PW 1 Shahabuddin reported that the accused has committed offence in question. On the basis of the FIR exhibit 10, an offence under Section 302 IPC came to be registered against the appellant/accused by Sakinaka police station vide C.R.No.246 of 1988. Inquest panchnama on the dead body of the victim was made and it was found that the victim had sustained stab wound on the left side of the interior chest. It was incised wound of 4 cm x 2 cm. Subsequently, autopsy was performed on the dead body of the victim by PW 15 Dr.Prakash Ambekar. One incised wound of left precardium oblique in direction measuring 4 cm X 2 cm x 10 cm lying just lateral to starnal border about 2.5 cm below the medial third of clavicle on the region of the second left rib was noticed by the medico. According to PW 15 - Dr.Prakash an incised wound was a penetrating wound 2 cm x 1 cm and and the left lung was found ruptured. He opined that the deceased died due to shock on account of internal haemorrhage due to the injury and rupture of the left lung. The knife used in the commission of crime and other articles were sent to the chemical analyser for analysis. On the basis of evidence of eye witnesses PW 1 Shahabuddin - the complainant who is the real brother of the victim, PW 2 Shabira, widow of victim , PW 3 Nabilal, son of victim, PW 4 Shaikh Shakir Shaikh Bashir, PW 5 Shakil Hasan Sheikh, PW 6 Narendra Gurudas Dhemre and PW 7 Khajabin, the medical evidence and the expert's evidence, the appellant/accuse came to be charged for offence of the murder.