MOHAMMAD UMAR HAFIJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 30 /07/2002 passed in the Sessions Case No.276 of 2001 by the learned II Ad hoc Additional Sessions Judge, Thane whereby the Appellant was found guilty of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs.1000/in default to undergo rigorous imprisonment of three months. Being aggrieved by the judgment and order of conviction, present appeal is filed by the appellant through jail.

(2.) Brief facts which led to the prosecution of the Appellant are:Complaint was lodged by Sultan (PW3) in respect of the incident which occurred on 27/08/1995 at about 9:00 a.m. at Ambewadi, Thane, after the first informant was informed by his sister's daughter Shabnam (PW4) that his sister Najmunnisa was stabbed on her chest and face by the appellant Mohammad Hafiz. Najmunnisa died as a result of hemorrhagic shock due to the stab injuries to vital organs lung. The Complaint was registered as FIR No 189 of 1995 of at the Wagle Estate Police station (Exh 22).It was recorded by PW6 Manish Ajinkya on 27/08/1995 who conducted the investigation. The investigating officer proceeded to the spot and drew spot panchnama (Exh 17). Big knife (Sura) was recovered from the Spot during the Panchnama. The appellant was searched at his residence by conducting a house search panchanama. He was untraceable as he absconded after the commission of crime. The absconding accused Mohamed Umar Hafiz was arrested by A.P.I. Shri R. K. Jadhav (PW7) after he received information about the place of residence of the appellant on 19/4/2001 from Shivpuri village in Uttar Pradesh. The Appellant was brought to Thane on 22/04/2001.

(3.) The inquest was drawn as per Exh.7. The dead body was referred for the postmortem examination. Muddemal articles weapon recovered from the spot as well as sample of earth from the spot and clothes of the deceased were referred to the Chemical Analyzer with letter dated 30/08/1995. Reports of Chemical Analysis were received as per Exh. 33 indicating that the sample of earth, cotton swab, clothes of the deceased were found stained with human blood, while no blood was detected on weapon. Results as to blood group, however, were inconclusive. Upon completion of investigation the Charge sheet was filed on 02/04/2001 in the court of the 7 th Judicial Magistrate F.C. Thane, on 29/09/2001. The case was committed to the court of Sessions at Thane on28/06/2001.