KHALID ABDUL RAZAK KAZI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Greater Mumbai dated 16 th February 2005 thereby convicting the appellant accused for the offence punishable under section 302 read with section 34 of Indian Penal Code (I.P.C.) and sentencing them to suffer imprisonment for life and to pay fine of Rs.2,000/ and, in default, to suffer further R.I. for one year, the appellants have approached this Court by way of present appeal.

(2.) It is the prosecution case that accused No.2 Mohammed Farukh @ Akram Abdul Razak Kazi was having illicit relations with P.W.2 Hasina Abdul Hamid Shaikh. It is further case of the prosecution that accused Nos.1, 2 and 4 along with deceased accused Firoz Inayatali Shaikh, on 8 th October 2002, at about 00.30 hours, near Garib Nawaj Pan Shop, Janata Sevak Society, behind Mahim Bus Depot, Mahim in furtherance of their common intention, committed the murders of Mohd. Sharif Hanif Shaikh and Salim Pashu Shaikh.

(3.) The learned trial Court, at the conclusion of the trial, convicted the appellants accused for the offence punishable under section 302 of I.P.C. for committing murder of Mohd. Sharif Hanif Shaikh and Salim Pashu Shaikh and sentenced them as aforesaid. Accused No.2 was also held guilty for the offence punishable under section 324 of I.P.C. for voluntarily causing hurt to P.W.4 Abdul Latif Abdul Hanif Shaikh and he is convicted and sentenced to suffer S.I. for a period of two years and to pay fine of Rs.500/ . The accused were acquitted for rest of the offences. Being aggrieved by the said order, the appellants accused are here in the present appeal.