SK. MOHIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this appeal, the appellant challenges the judgment and order dated 28.09.2017, passed by the Ad-hoc Additional Sessions Judge, Khamgaon, in Sessions Case No.05/2014 convicting and sentencing him in the manner stated hereinafter:- Under Section 302 of the Indian Penal Code, 1860 to suffer imprisonment for life and to pay a fine of Rs.5000/-, in default to undergo three months' Rigorous Imprisonment.

(2.) The prosecution case in brief, is that the informant - Sk. Karim Sk.Badar (PW1) is the resident of Bhalegaon near Mosque (Masjid), Tq. Khamgaon, Dist.Buldana. His brother-in-law (wife's brother) namely Sk. Rais Sk. Gani was residing at the same village Bhalegaon along with his family. The said Sk. Rais was the only son to his parents. The said Sk. Rais has seven sisters. The said Sk. Rais was holding around 1.5 acres of agricultural land in Bhalegaon Shivar. There were disputes in relation to the partition of the agricultural lands between the said Sk. Rais on one part, and his cousin brother Sk. Munshi Sk. Razzak and his sons namely Sk. Mohin, Sk. Mosin and Sk. Matin (who are the accused Nos.1 to 3 respectively). 10-15 days prior to the incident in question (that occurred on 22.10.2013) said Sk. Rais had lodged police report against said Sk. Munshi and his sons namely Sk. Mosin and Sk. Matin, suspecting that they have burnt Sk. Rais's Soyabin heap in his field, as a result of which said Sk. Munshi and his sons raised quarrel with Sk. Rais and gave him threat to kill him

(3.) It is also alleged that on 21.10.2013, in the evening hours, accused Sk.Mosin, Sk. Matin and accused Sk. Mohin, who had returned from Surat (Gujrat) gave said Sk. Rais abuses and threat that they will see him tomorrow. In the same night, Sk. Rais stated that incident to informant - Sk.Karim (PW 1). Due to close relations, said Sk.Rais did not lodge police report of that incident.