AMIR ISMAIL SAYYAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal is filed to question legality of Judgment and Order dtd. 26/9/2017 passed by the Additional Sessions Judge, Thane in Sessions Case No. 489of 2015, convicting Appellant for the offence punishable under Sec. 302 of Indian Penal Code (for short "IPC") and sentencing him to imprisonment for life and payment of fine of Rs.5,000.00 and in default thereof to suffer simple imprisonment for one month. In addition, Appellant is convicted for offence punishable under Sec. 325 IPC and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.3,000.00 and in default thereof to suffer simple imprisonment for one month. Accused is also convicted under Sec. 506 Part II of IPC and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000.00 and in default thereof to suffer simple imprisonment for 15 days; all sentences to run concurrently.

(2.) The gist of the prosecution's case is as under:

(3.) Prosecution examined 13 witnesses in all to bring home the guilt of accused; PW-1 - Fatma Nazim Shaikh is mother of deceased Rizwan as well as first informant/complainant; PW-2 - Iqbal Abdul Razak, PW-3 - Ravikumar Walmiki and PW-13 - Dilip Mango Patil are police panchas/witnesses; PW-4 - Mahesh Rohidas Sable conducted the post-mortem of Rizwan's dead body and prepared the PM Report; PW-5 - Dattatray Vilas Thakur, treated injured Nagma for the fracture on her hand; PW-6 - Hajra Abdul Kadir Shaikh and PW-7 - Nasreenbanu Julfikar Sayyed are neighbours of PW-1; PW-8 Nagma Najim Shaikh is the elder sister of Rizwan, 13 years old and injured child eye witness; PW-9 Juber Husain Shaikh is brother of PW-1; PW10 - Sadiq Qadir Bagwan is the Investigating Officer (I.O.); PW-11 - Dr. Nizamudin Sayyed Mohd Anis is the Doctor who examined Rizwan at Mumbra and PW-12 - Kishore Yuvraj Khodke.