NIZAM HABIBULLA SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Appeals are directed against the judgment and order dated 5th September, 2001 passed by the learned Ad-hoc Additional Sessions Judge, Thane in Sessions Case No. 268 of 2000 whereby and whereunder Nijam Habibullan Shaikh (Appellant in Appeal No. 729 of 2001 - original accused No. 1) came to be convicted for the offence punishable under section 304 Part I of the Indian Penal Code, 1860 (the Penal Code) and sentenced to suffer rigorous imprisonment for seven years and pay fine of Rs. 10,000/- with default stipulation.

(2.) Shorn of unnecessary details the background facts leading to these Appeals can be stated as under:-

(3.) Upon committal, the learned Sessions Judge framed charge for the offences punishable under sections 147, 148, 149, 120A and 302 of Indian Penal Code. The accused abjured their guilt and claimed for trial.