MUKHTAR ISMAIL SHAIKH @ MAKDIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Original Accused No.2 has filed Criminal Appeal No. 247 of 2006 and Original Accused Nos.3 and 4 have filed Criminal Appeal No. 8 of 2006 against the Judgment and Order passed by the Trial Court, convicting the Accused Nos.2 to 4 for the offence punishable under section 307 r/w. 34 of the Indian Penal Code and also for the offence punishable under section 324 r/w.34 of the Indian Penal Code. By the said judgment and order, the Accused Nos.2 to 4 were sentenced to suffer rigorous imprisonment for life for the offence punishable under section 307 r/w. 34 of the Indian Penal Code and were also sentenced to suffer rigorous imprisonment for three years each for the offence punishable under section 324 r/w.34 of the Indian Penal Code and also imposed fine of Rs.5,000/- each and, in default, directed that they should suffer further imprisonment for six months.

(2.) Brief facts are as under: The prosecution case is that on 10 th June, 2004 at about 17.30 to 17.45 hours one Papa @ Farid and his friend Makdiya and two persons pushed one Mohammed Salim Amin Kureshi and abused him because according to them they were police informers and at that time, according to the prosecution, Papa @ Farid and Makdiya assaulted Mohammed Salim Amit Kureshi on the right side of his chest with knife and Makdiya also assaulted him over the chest and two other persons, who were friends of the accused, also assaulted the said Mohammed Salim Amin Kureshi.

(3.) An FIR was lodged by Ashfaq Shaikh against Papa @ Farid and Makdiya and two other persons. On the basis of the complaint, the accused were arrested and the statements of witnesses were recorded and thereafter, a chargesheet was filed and the matter was committed to the Court of Sessions. A charge was framed against the Accused Nos.2 to 4 and the trial against the Accused No.1 was separated since he was absconding. The Trial Court on the basis of the evidence adduced by the prosecution convicted all the accused for the offence punishable under section 307 r/w. 34 of the Indian Penal Code and sentenced them to suffer R.I. for life imprisonment and also convicted the accused for the offence punishable under section 324 r/w. 34 of the Indian Penal Code and sentenced them to suffer R.I for three years each and to pay fine of Rs.5,000/- each and, in default, to suffer further R.I. for six months.