HARUN ILANI MULANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused has preferred this appeal against the judgment and order dated 30-12-1998 passed by the learned Additional Sessions Judge, Thane in Sessions Case No. 9 of 1997 wherein he was convicted and sentenced under various counts i. e. for offence punishable under section 449 of IPC and he was sentenced to suffer R. I. for seven years and to pay fine of rs. 500/- in default to suffer R. I. for two months, for offence punishable under Section 302 of IPC he was sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- in default to suffer R. I. for four months and for offence under Section 392 r/w 397 of IPC was sentenced to suffer R. I. for seven years and to pay fine of Rs. 500/-in default to suffer R. I. for two months. All the substantive sentences were directed to run concurrently.

(2.) THE facts giving rise to the present case, in brief, are thus

(3.) THE deceased Isamuddin Mulani was having chicken shop in Vashi Mini Market sector No. 9. Accused was related to deceased and he is cousin grandson of the deceased in relation. Accused was doing business of selling eggs by sitting by the side of chicken shop of deceased Isamuddin. Chicken Shop of deceased was having timing from 8. 30 a. m. to 10. 00 p. m. Deceased isamuddin had three servants at his chicken shop viz. Mushtak Babar Qureshi, Hamid and Bashir. In the month of April, 1996 accused had kept an amount of Rs. 25,000/- with the deceased Isamuddin. However, Isamuddin subsequently refused to return the said amount of accused despite his repeated demands. In the month of May, 1996 family members of deceased had gone to his native place and here Isamuddin was alone residing at his residential house at Vashi. During the night of 15-5-1996, it is the prosecution case, accused with an intention to commit murder of deceased and commit the robbery at his house remained in the house of deceased and on 16-5-1996 at about 4. 00 a. m. accused committed murder of isamuddin and looted an amount of Rs. 2900/- from the cupboard from the house after putting lock to the house from outside and by throwing the key on the terrace of residential house of Isamuddin. On 16-5-1996 when servants of isamuddin namely Mustak Qureshi, P. W. 1, hamid and Bashir as usual went to the shop at about 8. 30 a. m. but shop was closed and therefore, they went to the house of isamuddin and found that it was locked from outside. As the delay was being caused in opening the chicken shop one of the servant i. e. Mushtak Qureshi took a key maker and went to the residential house of isamuddin and got opened lock from him. When Mushtak entered the house he found that his master was lying in the pool of blood on the floor and he had also noticed that incised wounds on the neck and other parts of the body of the deceased Isamuddin. Mustak immediately approached the police station at Vashi at about 1. 30 p. m. and lodged his complaint. P. I. Budwant recorded the complaint against some unknown person at that time and registered the offence under Section 302 of the IPC. P. I. also paid the visit to the place of incident and prepared inquest panchanama and dead body was sent for post mortem examination. The panchnama of place of incident was also prepared, wherein one knife lying in bucket containing water, one sickle stained with blood, one blood stained towel, handle of cupboard, lock etc. came to be seized as they were blood stained. Clothes of the deceased also came to be seized under panchanama and all the articles were sent to C. A. for examination, whose report was received and is part of the record. Search was made for the culprit but he was not found till 25-5-1996. Accused came to be arrested on 26-5-1996 and thereafter investigating officer made recovery of key of the lock of house of deceased in presence of panchas on disclosure statement of accused by preparing seizure panchanama. The Investigating Officer also made recovery of blood stained clothes of accused in presence of panchas on the disclosure statement made by the accused. On 27-5-1996 the recovery of looted amount of Rs. 2900/- was also made at the instance of the accused under panchanama. Statement of witnesses also came to be recorded and on completion of the investigation the charge-sheet was sent to the Court of law. The learned Magistrate committed the case to the Court of Session.