SALIM BORA RAFIK SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal, the Appellant / Accused is challenging the judgment and order dated 20 April 2010 passed by the learned Sessions Judge for Greater Bombay at Sewree in Sessions Case No.453/2009. By the impugned judgment, the Appellant has been convicted for the offence punishable under Section 302 of Indian Penal Code (IPC) for having intentionally caused the death of Shakil Papa Shaikh Chandiwala. The Appellant has been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/- and in default, to suffer Rigorous Imprisonment for one month.

(2.) The prosecution case may be briefly stated thus-

(3.) According to P.W.3, the deceased Shakil had advanced a hand loan to the Appellant and the deceased was demanding the said amount back. This according to the prosecution is the motive for the Appellant to commit murder of Shakil Chandiwala. There was a 'Julus ' on 8 April 2009. Therefore, P.W.3 and others had gone to watch the Julus at about 9.00 p.m. and returned at about 2 to 3 a.m. on 9 April 2009. The deceased came back at about 6.00 a.m. and was sleeping in the room. It is said that the Appellant came there at about 3.45 p.m. and assaulted the deceased with knife (Article A) resulting into severe injuries and bleeding. Shakil Chandiwala was taken to the J. J. Hospital where on examination he was declared dead. On the basis of the complaint lodged by P.W.3 Ayub Sayyed, offence at C.R. No.41/2009 came to be registered with Police Station Dongri under Section 302 of IPC and Section 37(1)(a) and 135 of the Maharashtra Police Act. The investigation in this case was carried out by P.W.7 - PSI Balasaheb Gangurde and P.W.8 - PI Suresh Patil. During the course of investigation, a spot panchanama was drawn. The dead body was sent for post mortem examination which was conducted by P.W.9 - Dr. Sunanda Katke. According to the Investigating Officer, an information was received that Appellant was standing at bus stop on S.V.P. Road. P.W. 8 alongwith PSI Vasekar and staff went to the spot and arrested the Appellant in presence of P.W.2 - Murlidhar Patil who is a panch witness. According to the Investigating Officer, knife - Artile A was recovered from possession of the Appellant alongwith his clothes which were blood stained. The Investigating Officer recorded the statement of witnesses. The seized articles were sent for the report of Chemical Analyser. On completion of the investigation, a chargesheet was filed against the Appellant.