USMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal questions legality of Judgment and Order dtd. 1/8/2008 passed by learned Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No. 465 of 2007 convicting Appellant (original accused) under Sec. 235(2) of the Code of Criminal Procedure (for short "Cr.P.C.") for offence punishable under Sec. 302 Indian Penal Code, 1860 (for short "IPC") and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.2000.00 and in default thereof, suffer further rigorous imprisonment for one year.

(2.) Prosecution case is based upon direct eye witness evidence of PW-1, PW-5, PW-6 and PW-8. PW-1, Amina is the first informant and friend of deceased Reshma; they both were sitting on the ota in the open space in front of their building when at about 7:00 - 7:15 p.m., Reshma's estranged husband(Appellant) came to meet her and attacked her furiously with sickle; PW-5, PW-6 and PW-8 are neighbours residing in the same building who witnessed the assault by Appellant on Reshma at the time of incident; PW-8 informed police authorities immediately on phone about the incident.

(3.) Shorn of unnecessary details, facts of the prosecution case which emerge from record are as under:-