FAIZAL MOHAMMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals have been filed by the appellants/original accused nos.l, 3 & 4, who stand convicted for an offence punishable under section 302 read with sec. 34 of the Indian Penal Code on two counts and sentenced to imprisonment for life and each to pay fine of Rs.2,000/- on each count with a direction that the substantive sentence of imprisonment shall run concurrently, by the Additional Sessions Judge-4, Nanded, by judgment dated 17.4.2008, in Sessions Case No.73 of 2007, by these appeals question the correctness of their conviction and sentence. Since the appellants in both the appeals have been convicted by the same judgment, these appeals are being decided by this common judgment.

(2.) Such of the facts as are necessary for the decision of these appeals may briefly be stated thus :-

(3.) The clothes of the arrested persons, who were four in number, came to be seized in the presence of panchas under seizure memos at Exhs.178 to 181. Thereafter supplementary statement of informant Guddu came to be recorded. One mobile phone belonging to accused Amer Chaoosh came to be seized from his house in the presence of panchas under seizure memo at Exh.51. On 30.8.2006 accused Zuber, who was produced by the Itwara police station came to be arrested by P.W.43 P.I. Vaijale under an arrest panchanama at Exh. 182 in the presence of panch witnesses. The clothes of accused Zuber came to be seized under a seizure memo at Exh.153 and similarly the mobile hand-set of accused Zuber also came to be seized under a seizure memo at Exh. 152. On 31.8.2006 one mobile hand-set belonging to accused Masood came to be seized from his father under seizure memo at Exh.90. On 2.9.2006, during custodial interrogation, accused Amer Chaoosh expressed his willingness to point out the place where a knife was hidden in his house. The aforesaid memorandum of accused Amer Chaoosh came to be recorded in the presence of panchas at Exh.184. Accused Amer thereafter took the police and the panch to his house and produced a knife which was concealed below the cot from his house. The knife on being examined was found to be stained with blood and which came to be seized under panchanama at Exh. 185. On 3.9.2006, during custodial interrogation, accused Zuber expressed his willingness to point out the place where a Dagger was hidden and accordingly his memorandum came to be recorded in the presence of panchas at Exh.48. Thereafter the accused led the police and the panch to an area known as Khoja colony and from behind the Veterinary Hospital produced a Dagger, which was stained with blood and which came to be seized under panchanama at Exh.49. Incidentally, it may be stated that accused Zuber has been acquitted by the Trial Court and the Trial Court has disbelieved the seizure of the Dagger at the instance of accused Zuber. The prosecution has not filed any appeal questioning the acquittal of accused Zuber.