MUSTAQ ALI MANULLAH SALMANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stand convicted for offence punishable under Sections 302, 324 and 354 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 3000/- in default of which to undergo further RI for one year, RI for two years and to pay a fine of Rs. 1000/-, in default of which to undergo further RI for 15 days and RI for one years and to pay a fine of Rs. 1000/- in default of which to undergo further RI for 15 days respectively, with a direction that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Greater Bombay, by judgment dated 5/9/2006, in Sessions Case No. 59 of 2004, by this appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this appeal may be stated thus:-

(2.) PW 12-PSI Haribhau Shere, who, on 27/10/2003, was attached to the Wadala Truck Terminus Police Station, received a telephone at 8.25 p.m. informing him that in the Shantinagar area, behind Ahmed Hotel, one person was assaulting a lady and her children. PW 12-PSI Shere accordingly forwarded the message to the night duty Police Inspector Mr. Kamble and thereafter along with the police staff and Police Inspector Mr. Kamble proceeded to the scene of the incident. On reaching the scene of the incident, he was informed that the injured had been shifted to the Sion Hospital for treatment. He, therefore, proceeded to the Sion Hospital and observed the condition of injured-PW1-Tayyaba and her daughter Suphiya, aged 2 1/2 years and her son Sajidali, aged one year. PW 12-PSI Shere was informed that Sajidali had succumbed to his injuries and was declared dead by the Medical Officer. Accordingly, an inquest panchanama of the dead body of Sajidali was drawn in the presence of panchas at Exh. 19. Statement of PW1--Tayyaba was recorded at Exh. 13. On the basis of the said statement, an offence vide Crime No. 131 of 2003 under Sections 302, 307, 354 and 324 of the IPC was registered against the appellant. Further investigation was thereafter handed over to PW 13-PI Kamble.

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 6 framed charged against the appellant for offence punishable under Sections 302, 324 and 307 of the IPC. Additional charge for offence punishable under Section 354 of the IPC was also framed on 6/1/2006. The appellant denied his guilt and claimed to be tried. Prosecution, in support of its case, examined 13 witnesses, while the appellant in his defence examined four witnesses. During the hearing of the appeal, the learned counsel for the appellant did not challenge the prosecution evidence relating to the infliction of injuries to the victim and the deceased. The defence of the appellant is of insanity and according to him on the date of the incident he was suffering from mental ailment, due to which he did not realize the nature of the act which he was doing or that the act which he had done was either wrong or contrary to law. The trial court, upon appreciation of the evidence, convicted and sentenced the appellant as afore-stated.