SAJID WALIMOHAMMAD SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against appellants' conviction, by the learned Additional Sessions Judge-6, Nashik, for the offence punishable under Sections 307 read with Section 34 of the Indian Penal Code and sentence of rigorous imprisonment for five years with fine of Rs. 1,000/- or in default rigorous imprisonment for three months, imposed upon both the appellants, on the conclusion of Sessions Case No. 206 of 2009, before him. The facts which are material for deciding this appeal are as under:-

(2.) Abid Pathan was discharged from hospital against medical advice. In the course of investigation police recorded statements of the witnesses, obtained medical certificates, performed necessary panchnamas and on completion of investigation sent charge-sheet to the Chief Judicial Magistrate, Nashik after having arrested accused persons.

(3.) The learned Chief Judicial Magistrate committed the case to the Court of Sessions at Nashik. The learned Additional Sessions Judge to whom the case was made over, charged two appellants of the offences punishable under Sections 307, 324, 504, 506 read with 34 of the Indian Penal Code and Section 37(1) read with Section 135 of the Bombay Police Act. Since the appellants pleaded not guilty to the charge framed, they were put on trial at which the prosecution examined in all 14 witnesses in its attempt to bring home guilt of the appellants.