BADRIALAM AKABARALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is convicted vide Judgment and Order dtd. 10/10/2011 passed by learned Additional Sessions Judge, Kalyan in Sessions Case No.11 of 2009 for offence punishable under Sec. 302 of Indian Penal Code (for short "IPC ") and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000.00.

(2.) The case of the prosecution is that, on 1/8/2008 Police Naik - Jagtap and others were on night duty at Mohane Chowki. They were attached to Mahatma Phule Police Station, Kalyan. They heard some noise towards Ambivali Railway Station. They rushed towards the spot and noticed that, fight was going on between Raja Rathod and Badrialam. The accused Badrialam gave blow of Sura on the stomach of Raja Rathod and ran away. He was apprehended by Police with Sura (knife) in his possession. Injured was taken to hospital. His condition was critical. He was declared dead. C.R. No.I-280 of 2008 was registered. During the course of investigation, statement of witnesses were recorded. Clothes of the deceased and accused were seized. On completing investigation, charge-sheet was filed.

(3.) Charge was framed for offence under Sec. 302 of IPC vide Order dtd. 21/12/2010. The prosecution examined Seven witnesses. PW-1 Kashinath Keru Jagtap was attached to Mahatma Phule Police Station, Kalyan as Police Hawaldar. He lodged the First Information Report (for short "FIR "). PW-2- Robin Joseph Balid was panch witness for spot panchanama. PW-3 Natthu Barkya Gorat was Police Hawaldar attached to Mahatma Phule Police Station. He is the eye witness to the incident. PW-4 Bapu Daga Gajare was the Police Hawaldar, attached to Mahatma Phule Police Station. He has witnessed the incident. PW-5 Salim Usman Shaikh is the eye witness to the incident. PW-6 Chandrakant Baburao Shinde was the Police Inspector attached to Mahatma Phule Police Station. He is the Investigating Officer. PW-7 Dr. Ashwini Arvind Patil is the Medical Officer. Autopsy was conducted by this witness.