SALIM ABDUL RAZAK BAIG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned Addl. Public Prosecutor for the State.

(2.) THIS Criminal Appeal is directed against the judgement and order dated 18.10.2003 passed by the learned Addl. Sessions Judge, Greater Mumbai, in Sessions Case No.846 of 1999 whereby the appellant Salim Abdul Razak Baig was convicted for the offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer R.I. for life and was directed to pay fine of Rs.5,000/-, in default to suffer R.I. for one year. The appellant was also convicted for the offence punishable under section 3 read with section 25(1-B) of the Arms Act and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1,000/-, in default to suffer R.I. for three months. The appellant was also convicted for the offence punishable under section 5 read with 27 of the Arms Act and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1,000/-, in default to suffer R.I. for three months. The other co-accused were acquitted of all the charges and the State has not preferred any appeal against the order.

(3.) THE police came to the spot of occurrence, shifted the injured to the hospital and panchas were called. Spot panchanama (exh.36) was drawn. From the taxi, three empty cartridges were recovered which were seized. THE police arrested the appellant and other three co-accused from different places, recovered not only empty cartridges from the taxi where the incident had taken place but also succeeded in recovering the pistol and the live cartridges. Identification parade was held. Madan Jain (P.W. 6) and Niraj Pathak (P.W.8) identified the appellant to be the person who had been to his office on 16.12.1998 at noon along with the deceased Sudhakar Lone. Empty cartridges and pistol as well as live cartridges were forwarded to the Ballastic Experts. After completion of the investigation, charge-sheet was filed against four accused persons. Charge was framed against all of them, they pleaded not guilty and claimed to be tried. THE trial Court convicted the appellant and acquitted the other co-accused of all the charges framed against them. THE appellant, being aggrieved by the judgement and order passed by the trial Court, filed the present appeal.