INAYATTULLA MINODDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 18-12-1998 passed in Sessions Case No. 333/97 by the Addil tonal Sessions Judge, Pune convicting the accused under Section 302 of IPC and sentencing him to suffer imprisonment tor life, the appellant has preferred this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by Shri toraskar the learned advocate appointed to defend the appellant.

(2.) WITH the assistance of the learned counsel for the appellant and the learned a. P. P. we have scrutinised the reord and reapprecited of evidence on record. On reappreciation of evidence on record the prosecution story is disclosed, is stated briefly as under :

(3.) ON 1-7-1997 around noon, deceased jaysing went near Darga situated in the locality where he has residing alone. There it is alleged that the appellant-original accused tried to have unnatural intercourse with him and seeing resistance stabbed him. He some how managed to come out of the place and fell near the tree. 3/4 persons saw him so falling and enquired from him as to how he has sustained injury. The reply of the victim was he was stabbed by Baba. The persons who saw this, reported the matter to the family of the deceased and complained to the police. The victim was taken to the hospital where during the course of treatment succumbed to the injuries. Police investigated the complaint as disclosed by the fir, arrested the accused who was Shaikh baba residing in the Darga and on completion of the investigation charge sheeted the accused under Section 302 of IPC for murdering Jaising the deceased.