YOUSUF BADSHAH SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Jalna dated 21.7.2014 in Sessions Case No.92 of 2013.

(2.) Brief facts of the prosecution case are as follows :-

(3.) The learned Additional Sessions Judge, Jalna has framed the charge vide exhibit 5 against the appellant/accused Yousuf and his mother Chotibi for the offence punishable under sections 302, 498-A, r/w 34 of IPC. Both the accused pleaded not guilty and claimed to be tried. The prosecution has examined ten witnesses to substantiate the charges levelled against the accused. The defence of the accused is of total denial. According to the defence of the accused he has tried to save Taslimbi and in that process he has got burn injuries over his legs. Statement of the accused under section 313 of Cr.P.C. came to be recorded. The appellant/accused has examined his daughter Muskan aged 16 years as defence witness and also the defence witness no.2 Bharati Nachan. After hearing both the sides, the learned Additional Sessions Judge, Jalna by judgment and order dated 21.7.2014 in Sessions Case No.92 of 2013 has convicted the appellant/accused Yousuf s/o Badshaha Shaikh for the offence punishable under sections 302 of IPC and the learned Additional Sessions Judge, Jalna has acquitted the accused no.2 Chotibi Shaikh for the offence punishable under sections 498-A, 302, r/w 34 of IPC. Operative part of the order reads thus :-