SAHEBLAL ALIAS JUMASSHA SAYYAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment dated 24.7.2009 rendered by learned Additional Sessions Judge, Udgir camp at Ahmedpur in Sessions Case No.18/2006 convicting and sentencing the appellants for the offences punishable under Section 302 read with 34 of the Indian Penal Code and thereby directing them to undergo the sentence of imprisonment for life and to pay fine of Rs. 1,000/ each with a default condition to suffer rigorous imprisonment for one month each for non payment of fine.

(2.) The factual matrix of the prosecution case is as under :

(3.) It is further the case of prosecution that P.W.5 Police Head Constable Shaikh Rafiq, who was attached to Ambajogai Police Station and was posted at S.R.T.R. Hospital at the relevant time, on receipt of the message from P.I. Jathale to record the statement of Umidabee, visited the S.R.T.R. Medical College and Hospital, Ambajogai at about 4.30 p.m. and approached to the concerned doctor P. W.4 Dr. Upendra Hublikar and made enquiry with him whether Umidabee was in a fit condition to give the statement. Thereupon P.W.4 Dr. Upendra Hublikar examined the patient Umidabee and opined that she was conscious and oriented. Thereafter P.W.5 Police Head Constable Shaikh Rafiq recorded the statement of Umidabee as per her version. He obtained Her thumb impression thereon and also scribed his signature thereon, and same was treated as FIR (Exh.56).