IBRAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the Appellant and the learned APP for the State.

(2.) The Appellant is convicted by the Additional Sessions Judge, Karad for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- and, in default, to suffer rigorous imprisonment for six months.

(3.) The prosecution case in brief is that on 26.3.2002, accused, deceased Pradeep Yadav, Rashid Mulla, Baba Sadashiv Jadhav, PW-1 Shivaji Kadam, Bashir Inamdar, Tanaji Patil, Hanmant Yadav and one Tanjuddin Mulla had gone to attend the obsequial ceremony of one Usmasbhai Mulani. After the programme was over, while they were coming back, the Appellant Ibrya alias Iqbal suddenly caught hold of the deceased Pradeep's hand and inflicted him 3 to 4 blows by a knife on his chest. At that time, the said deceased Pradeep Yadav started shouted "help help". The other persons also asked the Appellant to leave the deceased. After the accused released the hand of Pradeep, according to PW-1, the accused rushed towards him with a knife and PW-1 Shivaji Kadam ran away from the place and at that time deceased Pradeep jumped into the canal.