ALAM AZMUDDIN MUZAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE matter was on board for final hearing yesterday, nobody appeared for the appellant - accused No.1. Therefore, we adjourned the matter today. Today, also nobody appeared. It is distressing to note that it is our experience that whenever final hearing matters whether criminal or civil are on board, the advocates generally do not appear. Therefore, there is no alternative but to proceed with the record and after hearing the Public Prosecutor to decide the appeal. This matter is pending since 1986. Accused- appellant No.1 is enjoying bail and his conviction is under Section 302 read with 34 of Indian Penal Code. Therefore, we had no option but to decide the matter on merit.

(2.) WE heard the Public Prosecutor at length. He took us through the entire record. Two accused are involved in the present case. But the present appeal is filed by appellant-original accused No.1. Accused have been convicted by the trial court vide judgment dated 7.5.1986. Accused No.1 is convicted under Section 302 read with 34 of Indian Penal Code and sentenced to R.I. for life. Accused No.2 is convicted under Section 326 read with 34 of Indian Penal Code and is sentenced to R.I. for three years, but he has not preferred any appeal etc.

(3.) VIJAYAN in the injured condition went back to his room. He narrated the incident to the inmate of the room who is P.W. 1. P.W. 1 with the help of others removed Vijayan to Cooper Hospital. The matter was reported to the police. Police went to the spot, prepared panchnama, registered the offence initially under Section 307 but after the death of Vijayan it was converted to Section 302 of Indian Penal Code. Accused were arrested, weapons were recovered at their instance along with their blood stained clothes. Identification Parade in respect of both the accused and particularly in respect of accused No.2 was held wherein witnesses identified the accused and in that background of the matter the accused came to be convicted by the trial court, as stated above.