SAMADKHAN YUSUFKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides.

(2.) Pending Criminal Appeal No. 502 of 2021 preferred against the judgment and order of conviction passed by Additional Sessions Judge, Beed dated 21/09/2021 in Sessions Case No. 159 of 2017 convicting thereby the applicants / accused and one more coaccused for the ofence punishable under Section 302 read with 34 of IPC and sentencing them to sufer life imprisonment and to pay a fine of Rs.1,000/-, in default, rigorous imprisonment for 10 days, the applicants have preferred this application for suspension of the substantive part of the sentence and for bail.

(3.) The applicants and co-accused Kalu @ Arbaj in furtherance of their common intention have committed the murder of deceased Shahabaz Khan, who was a body builder. He was the owner and running one gymnasium. The incident had taken place for the reason that though the sons of applicant Samad Khan used to go to the said gym however, they were not paying the charges regularly. Thus, the deceased Shahabaj Khan had questioned about it and accordingly, they have committed the murder of the deceased Shahabaj Khan in furtherance of their common intention.