MEHMOOD SHAIKH AHEMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this appeal, all the appellants, who are the accused in Sessions Case No. 53 of 2017, have challenged their conviction for the offence punishable under Ss. 307, 149, 504, 143, 147, 148 of IPC and under Sec. 135 of the Maharashtra Police Act, recorded by the learned Additional Sessions Judge, Shahada, District Nandurbar (hereinafter referred to as 'the learned tiral court') vide judgment and order dtd. 16/03/2022. All the appellants / accused are sentence to suffer R. I. for 7 years each and to pay a fne of Rs.5,000.00 each, i.d. to suffer R.I. for 3 months each for the offence punishable Sec. 307 r.w. 149 of IPC. It is to be noted here that the learned trial court has not awarded separate sentence for the minor offences punishable under Sec. 143, 147, 148, 504 of IPC and Sec. 135 of the Maharashtra Police Act.

(2.) The prosecution is claiming that one Saiyyed Sairbee Liyakat Ali, who got elected as a Councilor in Municipal Council, Shahada as a candidate of MIM party, is the mother of informant Saiyyed Muzaffar Ali Sayyed Liyakat Ali ( in short Muzaffar), who is the injured and also PW-1 in the instant case. As against this, the present appellant No.1 i.e. accused No.1 got defeated in the said election. According to him, he was defeated since the informant Muzaffar, in that election, had successfully campaigned for MIM party. On that count, there was dispute between the informant and the appellants / accused.

(3.) On 14/06/2017, at about 1.30 p.m. the informant PW-1 Muzaffar was distributing water through a tanker in Garib Nawaj colony, Shahada near the houses of Kalu Mistri and Imam Mistri. At that time, appellant No.1 Mahemood Shaikh Ahemad @ Munna (for short Munna) came to Muzaffar and asked him to take that tanker in front of his house. When Muzaffar told accused No.1 Munna that he would bring another tanker in front of Munna's house by 3.00 p.m., accused No.2 Majid as well as both sons of accused No.1 Munna, came there and uttered ' ekj Mkyks lkys dks'. In the meantime, accused No.3 Tipu, accused No.4 Allharakha, accused No.5 Javed, accused No.6 Sajid, accused No.7 Muktar also came there. At the relevant time, accused No.1 Munna gave a blow of sword on the rear side on the head of PW-1 Muzaffar, which resulted in to bleeding injury. Whereas the other appellants / accused holding weapons like sword and knife, also assaulted the informant - Muzaffar with those weapons. According to the prosecution story, one Sajid Rahim Pinjari i.e. PW-2 and Wahed Rashid Pinjari rescued the informant- Muzaffar and took him to hospital of Dr. B. D. Patel for treatment. On receiving the information from the said hospital, the offcer in-charge of Shahada Police Station Mr. Marathe instructed PHC Kishor Badgujar to go to the said hospital and to record the statement of injured Muzaffar. Accordingly, such statement of Muzaffar was recorded after obtaining opinion of the doctor. On the basis of said statement i.e. Exhibit-46, Crime / FIR No. 267 of 2017 was registered in Shahada Police Station against the appellants / accused persons under Ss. 307, 143, 147, 148 of IPC and Sec. 135 of the Maharashtra Police Act at about 5.25 p.m. on the same day. PSI Dnyaneshwar Badgujar PW-8 conducted investigation of the said crime and on completion of investigation, charge sheet was fled against all the appellants / accused.