MACHINDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.03/2000 has been filed by original accused No.1 Machindra Dashrath Jadhav and original accused No.6 Ayub Umar Pathan. Criminal Appeal No.05/2000 has been filed by original accused No.5 Umar Daulu Pathan, original accused No.8 Nasibabee Shaikh Umar and original accused No.19 Yasin Biban Pathan. These five are out of 19 accused against whom charge sheet was filed by Police Station, Waluj on the complaint of one Ahmedkhan Lalkhan Pathan in Crime No. 111/1994 under Sections 302, 147, 148, 149 and 324 of the Indian Penal Code, 1860 ("IPC" in brief). Judicial Magistrate, First Class, Gangapur, Dist. Aurangabad committed the case to Court of Sessions and the 19 accused were tried before 2nd Additional Sessions Judge, Aurangabad for the charge under Sections 147, 148, 302 r/w 149, 324 r/w 149 of IPC. By judgment dated 23.12.1999, the above five accused came to be convicted and were sentenced to imprisonment for life under Section 302 r/w 149; rigorous imprisonment for one year under Section 147; rigorous imprisonment for one year under Section 148; and rigorous imprisonment for one year for offence punishable under Section 323 r/w 149 of IPC. Fine was also imposed. Thus, these appeals.

(2.) Case of the prosecution in brief can be stated to be as under :

(3.) In the trial Court, the prosecution brought on record the oral and documentary evidence it wanted. Prosecution brought on record the evidence of PW1 Maheboob Khan and his wife PW2 Zahedabee, regarding the incident. PW3 Sattar Khan is son of deceased Chandkhan. He was tendered as eye witness but turned hostile as far as regards witnessing actual incident. PW6 complainant Ahmedkhan, who filed the F.I.R. claimed that he was in his house situated in the village and his son came and told him that incident had taken place and that is how he came to know about the same. PW7 Anwar son of Hasankhan, injured in the incident, turned hostile. PW8 Hasinabee, the sister of PW1 Maheboob Khan, stepped in as eye witness but she also turned hostile. PW14 Lalkhan, who was also injured in the incident, also turned hostile.