MOHD. REHAN SK. RAHIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-Mohd. Rehan Sk. Rahim (hereinafter referred to as the accused) is challenging the judgment dtd. 28/7/2008 rendered by the learned Ad-hoc Additional Sessions Judge, Achalpur in Sessions Trial 95/2004 whereby the accused is convicted for offence punishable under Sec. 307 read with Sec. 34 of the Indian Penal Code (IPC) and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs.5,000.00 (Rupees Five Thousand) and in default of payment of fine, to suffer further rigorous imprisonment for six months.

(2.) Four accused Ghanshyam Shankar Nandwanshi, Pawan Shankar Nandwanshi, the appellant-Mohd. Rehan Sk. Rahim and Raju Bansilal Baradi were charge-sheeted under Sec. 307 read with Sec. 34 of the IPC. Accused 3-Mohd. Rehan, accused 1- Ghanshyam Nandwanshi and accused 2-Pawan Nandwanshi are convicted while accused 4 Raju Baradi is shown as absconding.

(3.) The prosecution case is that Mohan Babulal Chavan lodged report with the Paratwada Police Station on 26/4/2001 stating that on 25/4/2001 the marriage of Gopi Nandwanshi's sister was solemnized. At 11:00 p.m. or thereabout when the wedding procession reached the Bhayanak Chowk, his brother Santosh who was walking fifty feet ahead of him, was assaulted by accused 1 to 3. Mohan alleged that accused 1 was armed with sword, accused 2 was armed with sword-stick (gupti) and the accused 3-Mohd. Rehan was armed with dagger. Santosh sustained bleeding injuries on the stomach and collapsed. Mohan went to the Police Station with Santosh, lodged report and then Santosh was taken to the Cottage Hospital, Achalpur and then shifted to the Amravati General Hospital.