SUBHAN USMAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant - Accused No.1 has preferred this appeal against the judgment and order dtd. 26/04/2018 passed by the learned Additional Sessions Judge, Kalyan, thereby convicting the Appellant-original Accused No.1 for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short 'IPC ') in Sessions Case No.161 of 2009 and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000.00 and in default to suffer further imprisonment for two years.

(2.) The prosecution story in nutshell can be summarized as under-The Appellant herein, who is original Accused No.1, and other Accused Nos. 2 to 6 have been charged by the trial court for the offence punishable under Ss. 147, 148, Sec. 302 r/w Sec. 149 and in the alternative under Sec. 302 r/w 34 of the Indian Penal Code. There is one trust viz Kadariya Chistiya Madrasa and a Masjid/Mosque of said Trust is at Anandwadi, Kalyan (East). Due to non-satisfactory work of earlier Trustees, the Board of Trustees of said Trust was changed and the new members were introduced as trustees in that Trust. One of the trustees was Iqbal Ayub Siddiqui. He and his colleagues were handling the state of affairs of the said trust in proper manner. The Appellant - accused No.1 along with other original Accused Nos.2 to 6 were the supporters of earlier trustees and some of them were the trustees in earlier board of the trustees. Due to this change in the trustees, the Appellant - accused No.1 and other accused Nos.2 to 6 had grudge in the mind against the new trustees and especially against Iqbal Ayub Siddiqui - the Managing Trustee of the said Trust.

(3.) It is further the case of the prosecution that, complainant Mukaddar Daulat Sayyad, who is the resident of the same locality, was fetching water from water tap in front of the Mosque/Masjid at the relevant time. At that time he heard loud noise as "Ya Allah ", therefore, he turned to see what had happened. He saw Iqbal Siddiqui was lying near Masjid, in front of the house of Ismail Shaikh on road. There was injury on the head of Iqbal Siddiqui and blood was oozing. He went near to Iqbal Siddiqui. At that time, Accused No.1 Subhan Shaikh again came to Iqbal Siddiqui with an axe in his hand and gave axe blows on the neck and on the head of Iqbal Siddiqui and thereafter Accused No.1 ran away. Thereafter complainant Mukkadar Sayyed lodged a complaint against the accused persons in Kolsewadi police station on the same day at about 10.35 pm.