NAHID SHAIKH YUSUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these application arise out of Crime No. I-64 of 2019 registered with Pawarwadi Police Station, District Nashik Rural. As such they are being disposed of by this common order.

(2.) Majid Hussain alias Majja Dada (since deceased) went missing on 03.04.2019. This was reported by his brother Sajid Hussain on 17.05.2019, on the basis of which, a case No. 6 of 2019 was registered with police station Pawar Wadi and the same was being investigated by Head Constable Sultan Esa Shaikh. During the course of the investigation, it was revealed that in the first week of April 2019, the deceased was taken by the applicant Nahid Shaikh along with Sayyed Shakil Dawood and others and he was done to death and his dead body was disposed of. It appears that during the course of investigation, a statement of Juber Khan Shakil Khan, who is a auto rikshaw driver was recorded on 26.05.2019. According to Juber Khan about 1 1/2 to 2 months prior to recording of his statement, the deceased along with Shakil Motya, Nahid and Mobin had come to him and Shakil Motya had asked him to take them to Chalisgaon Phata. Accordingly, Shakil Motya, Nahir along with Majja Dada was taken in the auto rikshaw and subsequently, the applicant Mohammad Arif along with Mohd. Ashraf and Mushrif had come following them on a motorcycle. According to Juber Khan, after Mohd. Ashraf and Mushrif came, Shakil Mohd. And Nahid alighted from auto rickshaw and Ashraf and Mushrif sat along with the deceased. Thereafter, there was a altercation and a dispute between the deceased on one side and Mohd. Ashraf and Mushrif on other and the deceased was allegedly assaulted by Mohd. Ashraf and Mushrif. Subsequently, Bhurya and Nahid are alleged to have come on a Shine Motorcycle and Bhurya is alleged to have assaulted the deceased by a fighter. He also claimed that Ashraf also assaulted the deceased and after that Ashraf paid Juber Khan Rs.3000/- towards fare and asked him to leave.

(3.) On the basis of the report lodged by Head Constable Sultan, the aforesaid offence came to be registered. The dead body of Majja Dada was recovered at the instance of the applicant Mohd. Arif. The same was sent for postmortem examination and postmortem report shows the cause of death as 'head injury with strangulation'.