ABDUL KHALID HAJI MOHAMMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT/accused has filed the present appeal challenging the order passed by the learned II Ad-hoc Additional Sessions Judge, Jalna dated-7-3-2003 in Sessions Case No. 84 of 1996 convicting the appellant for the offence punishable under Section307 of Indian Penal Code (IPC) and directing him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 3,000/- in default, to suffer rigorous imprisonment for one year.

(2.) THE appellant, along with five others, was prosecuted for the offences punishable under Sections 147, 148 and 307 and 506 read with 149 of IPC. It is further alleged that there is a dispute between the complainant and the applicant on account of an open plot in front of dispensary of Dr. Badruddin. On the date of incident i. e. on9-1-1996 at about3. 30 p. m. the complainant, by engaging some labours, was constructing the compound wall to the disputed plot. It is further alleged that the original accused Nos. 1 to 6 came near the said plot, where construction was going on and asked the complainant Iftekaroddin as to why he is constructing the compound wall and that they will not allow the complainant to construct the said wall. It is further alleged that the accused formed unlawful assembly and the common object of the said assembly was to cause injury to the complainant. THE members of the unlawful assembly were holding deadly weapons. THEy attempted to commit murder of complainant by assaulting him so also extended threats and thereby committed offences under Sections 147, 148 and 307 and 506 read with Section149 of IPC.

(3.) POLICE after completing the investigation submitted charge-sheet against the accused, including the appellant. As the offence under Section307 of IPC is exclusively triable by the Court of Sessions, the learned Judicial Magistrate committed the case to the Court of Sessions.