AJIJKHAN MOHD. KHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in both the appeals are original accused Nos.1 and 3 in Sessions Case No.46/2011. They have been held guilty by learned Additional Sessions Judge, Biloli, Dist. Nanded on 29/7/2016. Appellant in Criminal Appeal No.577 of 2016 i.e. original accused No.1 has been held guilty of committing offence punishable under Sec. 302 and 392 of the Indian Penal Code. He has been sentenced to suffer imprisonment for life and pay fine of Rs.10,000.00, in default to suffer simple imprisonment for six months, for the offence punishable under Sec. 302 of the Indian Penal Code, whereas for offence punishable under Sec. 392 of the Indian Penal Code he has been sentenced to suffer rigorous imprisonment for 10 years. He has been acquitted of the offence punishable under Sec. 376 of the Indian Penal Code. Appellant in Criminal Appeal No.531 of 2016 i.e. original accused No.3 has been convicted for the offence punishable under Sec. 411 of the Indian Penal Code and has been sentenced to suffer simple imprisonment for one year and to pay fine of Rs.10,000.00, in default to suffer simple imprisonment for two months.

(2.) Before we proceed we would like to place on record that original accused No.3 - appellant in Criminal No.531 of 2016 was represented by Advocate. However, as regards the original accused No.1, it appears that on the request by the appellant, Advocate Mr. V.H. Dighe came to be appointed to represent him by order dtd. 19/10/2016. He prepared the appeal memo and then by order dtd. 16/11/2016 the appeal came to be admitted. When the matter came up for final hearing, he remained absent. By order dtd. 14/3/2023 this Court made it clear that if he remains absent on the next date, then some other Advocate would be appointed to represent the appellant. On 28/3/2023 also he was absent and, therefore, we appointed learned Advocate Mr. Z.H. Farooqui, who was holding for Advocate Mr. N.V. Gaware in Criminal Appeal No.531 of 2016. Thus, a proper legal representation has been given to the appellant in Criminal Appeal No.577 of 2016.

(3.) Heard learned Advocate Mr. Z.H. Farooqui for the appellant and learned APP Mr. S.D. Ghayal for the respondent in both matters.