SAYYED FIROZ SAYYED ISMAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions. Perused the reasonings given by the Extra Joint Ad-hoc Additional Sessions Judge, Pandharkawada (Kelapur) while deciding Sessions Trial No. 20/2004. Also perused the substantive evidence of 13 prosecution witnesses and certain relevant documents including postmortem report and injury certificate of the appellant/accused No.1.

(2.) Present appellant/accused No.1 faced Sessions Trial No. 20/2004 along with 2 other co-accused. They faced the charges punishable under Sections 302, 201, 211, 498-A read with Section 34 of the Indian Penal Code. By judgment and order dated 23/7/2010 in Sessions Trial No.20/2004, present appellant/accused No.1 was convicted for the offence punishable under Sections 302 I.P.C. and was sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for 6 months. He was also convicted for the offence punishable under Section 201 I.P.C. and sentenced to suffer simple imprisonment for 3 years and to pay fine of Rs.1,000/-, in default, simple imprisonment for 3 months. He was acquitted for the offence punishable under Sections 211 and 498-A of the Indian Penal Code. Original accused Nos. 2 and 3 were acquitted of all the charges.

(3.) Being aggrieved by the conviction for the offence punishable under Section 302 and 201 of the Indian Penal Code, present appellant/accused No.1 preferred this appeal. The State of Maharashtra did not prefer any appeal against acquittal of accused Nos. 2 and 3 for all the charges and acquittal of accused No.1 for the charge punishable under Section 211 and 498-A of the Indian Penal Code.