STATE OF MAHARASHTRA Vs. ISAQ SK AHMED

JUDGEMENT

(1.) The appellant / State has preferred the present appeal for enhancement of sentence under Section 377(1) of the Code of Criminal Procedure, 1973, imposed upon respondent nos.1 and 2 herein. It appears that the respondent nos.1 and 2 herein are original accused nos.1 and 3 in Sessions Case No. 201/1999, who faced the trial along with other four accused for the offences punishable under Sections 147, 148, 307, read with Section 149 of IPC, and alternatively under Section 307, read with Section 34 of IPC, but the other four accused were acquitted in respect of the said charges, by judgment and order dated 10th December 2002, rendered by the learned 1st Ad hoc Additional Sessions Judge, Aurangabad, whereas respondent nos.1 and 2 herein i.e. original accused nos.1 and 3 came to be convicted for the offence punishable under Section 324 of IPC, and were sentenced to suffer imprisonment till rising of the court, and were directed to pay fine of Rs. 1,000/-, each, in default of payment of fine, to suffer rigorous imprisonment for 15 days. Being aggrieved and dissatisfied by the sentence awarded to respondent nos.1 and 2 herein, the appellant / State has challenged the same in the present appeal and prayed for enhancement thereof.

(2.) Briefly stated, prosecution case is that on 17-9-1997, at about 8.00 a.m., one Sk. Ansar was returning to his house in Ranjangaon-Dandga (Taluka : Paithan), but the accused persons herein obstructed him on the way and abused him on the ground that he did not use to remain in the group / party to which the Chairman and Sarpanch of the village belonged, and asked him, whether he intended to continue his residence in the village, or not, and assaulted him. Hence, one Sk. Afsar i.e. son of complainant, namely, Sk. Yusuf, resident of Ranjangaon-Dandga (Taluka : Paithan), intervened, but the accused persons on account of past quarrel with him, assaulted him also. On learning the aforesaid quarrel by the complainant, namely, Sk. Yusuf, who was conducting his flour mill at about 8.30 a.m. at some distance, the complainant reached there and saw that accused no.1 Sk. Isaq was armed with axe and accused no.2 Sk. Shafi was armed with iron bar, whereas accused no.6 Sk. Ajij was armed with sword, and accused no.3 Sk. Shamad was armed with sword, and accused no.4 Sk. Burhan was armed with iron bar, and accused no.5 Sk. Tahir was armed with iron bar, and the said accused persons assaulted complainant's son, namely, Sk. Afsar by the aforesaid weapons on head and legs, causing bleeding injuries to him. Hence, his nephew, namely, Mhaitu, intervened in the said quarrel, but he also was assaulted by the respondent no.1 herein with axe on head and by respondent no.2 by sword on the legs, whereas the complainant himself was also assaulted by the accused persons on the hand with sword and axe which resulted into injuries.

(3.) Accordingly, on the complaint of the complainant, offence was registered under Crime No. 106/1997 against the accused persons. The matter was investigated by API Shivshankar Mundhe (PW 9), and after completion of investigation, charge sheet was filed against the accused on 8-1-1998 in the court of Judicial Magistrate (F.C.), Paithan. However, since alleged offences were triable by the Sessions Court, learned Judicial Magistrate (F.C.) committed the said case to the Court of Sessions on 25-6-1999. Charge was framed against the accused persons on 31-12-2001 at Exhibit 17 under Sections 147, 148 and 307 read with Section 149 of IPC, and alternatively, under Section 307 read with Section 34 of IPC. Accused persons pleaded not guilty to the said charges and claimed to be tried.