SALMA @ HANIFA ANSAR ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 3rd February, 2009 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.943 of 2007, convicting the appellants for in furtherence of their common intention committing murder of one Anwar Ahmed Hussain, husband of appellant no.1 on 21st August, 2007, in the house of deceased and appellant no.1, at mezzanine floor of Room No.156, Maharashtra Nagar, Compound No.1 [West] and sentencing each of them to suffer imprisonment for life.

(2.) According to prosecution, deceased Anwar along with his wife, appellant no.1 and two children were residing at the said mezzanine floor of room no.156 Maharashtra Nagar, Compound No.1, Bandra (W), in which offence in question was committed. He was earning livelihood by hawking and selling spectacles near Bandra Railway Station. The appellant no.2 was assisting in said business and was also visiting the house of the deceased. The said visit turned in love affair in between the appellants. The deceased warned the appellant no.2 not to come to his house. However, the appellants went on meeting each other.

(3.) The appellant pleaded not guilty to the charge (Exh.3) framed against them for such offence by the Court of Sessions, after the case was committed to the said Court. The prosecution examined in all '15' witnesses at the trial i.e. above referred witnesses and additionally PW4 Haji Mohammaed Sharif regarding appellant no.2 assisting deceased and appellant no.1 in their business, PW8 P.C. Suresh Salve regarding handing over navy blue colour underwear Article 16 and the ribbon Article 18 on the corpse to PW14, PW12 Abida M. Qureshi regarding room in question was locked when Police had been at the said room and PW13 Mohammad A. Mansuri regarding the appellant no.2 visiting shop on 21.8.2007 and taking Rs.500/- from him on the pretext of his mother being sick and then he was frightened and collecting his articles and leaving with the bag. The prosecution also placed reliance upon the other documentary evidence, which was prepared during the course of investigation.