AZIM MOHAMMAD HANIF SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal takes an exception to the judgment and order passed by the learned District Judge - 9 and Additional Sessions Judge, Thane in Sessions Case no. 115/2013 whereby the Appellant - Original Accused who was charged for commission of offences punishable under Sections 302 and 307 of the Indian Penal Code (for short 'IPC ') was convicted and awarded sentence for life imprisonment along with fine.

(2.) The case of prosecution as disclosed through the version of Mohd. Fayyaj Qureshi (PW 5) the complainant and injured victim is as follows: Mohd. Fayyaj Qureshi was residing at the area namely, Kausa Market, Mumbra with his family consisting of his wife deceased Zakira and 6 children. The accused was neighbour of the complainant Mohd. Fayyaj and was also in relation to him. The accused is the son-in-law of his wife 's sister. On 18.01.2012 there was some quarrel between Mohd. Fayyaj Qureshi, his wife Zakira. Brother of his wife Mohd. Farooq made an intervention and Mohd. Fayyj Qureshi (PW 5) told him not to intervene in the dispute of husband and wife. At that time, the accused entered in the scene and carried an impression that Mohd. Fayyaj Qureshi (PW 5) and other members of family, his wife and brother-in-law were abusing him. Then Mohd. Fayyaj (PW 5) informed him that it was a dispute between himself, his wife and brother-in-law. Then accused left the spot.

(3.) Bajirao Barkale (PW 12) who was discharging his duty as Bit Marshal in Kaus area in the intervening night of 18.11.2012 and 19.11.2012 was approached by Mohd. Fayyaj (PW 5) who had rushed in the police chowky. Mohd. Fayyaj gave information to Bajirao Barkale (PW 12) about the attack on his wife and his brother-in-law laid by the accused. Bajirao Barkale (PW 12) forwarded information to Mumbra Police Station on phone and he along with police constable Tayade rushed to the spot considering urgency involved in the matter. Prakash Patil (PW 14) who was attached to Mumbra police station as police inspector at the relevant time on receipt of information rushed to Chatrapati Shivaji Maharaj Hospital, Kalwa where the injured Mohd. Fayyaj was admitted. Prakash Patil (PW 14) made an inquiry with injured Mohd. Fayyaj (PW 5) and the complaint of Mohd. Fayyaj was reduced in writing. The said complaint was carried to police station and on the basis of the complaint Crime No. 715/2012 was registered for commission of offence under Section 307 and 302 of IPC against accused. Under the direction of his senior Prakash Patil (PW 14) took the steps in the investigation such as, recording the statement of witnesses, drawing various panchnama, seizure of certain material. The seized material was then forwarded for C.A.