BADESAAB YUSUF SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals arise from the judgment and order dated 28/03/1990 rendered by the learned Vth Additional Sessions Judge, at Pune in Sessions Case No.338 of 1987. In all 3 accused came to be tried in the said case for the offences punishable under Sections 302, 201 and 202 read with Section 34 of the Indian Penal Code (IPC).

(2.) By the impugned judgment and order, the learned Additional Sessions Judge, Pune acquitted accused nos.2 and 3 from all the charges and therefore, Criminal Appeal No.399 of 1990 by the State of Maharashtra against the said order of acquittal. Accused no. 1 came to be convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer life imprisonment. Hence, he has filed Criminal Appeal No.320 of 1990 against the said order of conviction and sentence. He was released on bail by this Court on 18/06/1990, pending his appeal.

(3.) As per the prosecution case accused no.2 Yusuf Ismail Shaikh was a tailor by profession and the husband of accused no.3 Apsarbegum Yusuf Shaikh and accused no.l Badesaab Yusuf Shaikh, is the son of accused nos.2 and 3. Accused no.2 had physical relationship with the deceased Nagavva @ Bismilla and subsequently he married her about one year prior to the date of incident. However, accused nos.l and 3 were staying in a house at Wanwadi whereas, accused no.2 started living with the deceased in a room provided by one Gurkha in Vaiduwadi area of Pune city. He cohabited with the deceased for about one year and on 07/04/1987, when he returned home in Vaiduwadi at about 5.30, he noticed that Nagavva was lying in a pool of blood with multiple injuries and she was dead. He did not approach the Police Station to lodge a complaint. Instead, one of the neighbourer P.W.9, gave a telephonic message to the nearby Police Station. Subsequently at about 7.30 p.m. while accused nos.2 and 3 were preparing for the last rites of the deceased, the Police Constable P.W.I 1 arrived at the scene. He opened the door of the house of accused no.2 and noticed that a dead body with bleeding injuries was lying on the cot and the floor area was washed. Accused no.3 was with accused no.2 at the relevant time but accused no.l was not there. The police took accused nos.2 and 3 in custody, drew the spot panchanama and dead body of Nagavva was sent for post-mortem. Accused no. 1 was taken in custody on 08/4/1987. Under the panchanama at Exhibit 21, his shoes were seized. While under arrest, his statement under Section 27 of the Evidence Act was recorded and based on this, his clothes, kept in pit, were recovered. The clothes of accused no.2 and other belongings on his person were also seized under the panchanama at Exhibit 21. Blood samples, as well as clothes were sent for Chemical Analysis and on completion of the investigation, the I.O. filed the charge-sheet along with P.M. report at Exhibit 1. The case being exclusively triable by Sessions Court, it was committed and the charge came to be framed on 21/01/1988.