ASIF NASIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was the Accused No.1 in Sessions Case No.430/1995 before the Additional Sessions Judge, Pune. Vide judgment and order dtd. 30/10/1998, the learned trial Judge convicted the Appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs.5,000.00; and in default to suffer R.I. for one year. The Appellant as well as his co- accused were acquitted from the charge of commission of offence punishable under Sec. 201 read with 34 of IPC. The Appellant was given set off under Sec. 428 of Cr.P.C.

(2.) Heard Ms. Keral Mehta, learned counsel for the Appellant and Ms. Veera Shinde, learned APP for the State.

(3.) As per the charge framed, according to the prosecution case, on 5/6/1995 between 9.30 a.m. to 10.00 a.m., the Appellant committed murder of Pappu @ Prakash Pardeshi in the flat of Josphin Shinde on Senapati Bapat Road, Pune by using a sharp weapon and nunchaku. The dead body was covered by cloth and was carried in an autorickshaw towards Lonikand and it was thrown in a quarry with the help of accused No.2 Zakir Shaikh.