JAVED RIZWAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal 606 of 2012 has been preferred by Javed Shaikh, who is original accused No. 2 and Criminal Appeal 1321 of 2012 has been preferred by Shabir Shaikh, original accused No. 1. Both these Appeals are preferred against the judgment and order dated 21st February 2012 passed by the Learned Additional Sessions Judge, Pune in Sessions Case No. 260 of 2008. By the said judgment and order the Learned Sessions Judge convicted both the Appellants under Section 302 read with 34 of the Indian Penal Code and sentenced them to rigorous imprisonment for life and fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for one month each. For the sake of convenience both the Appellants will be referred to as they were referred before the Trial Court i.e. Appellant Shabir Shaikh will be referred to as accused No. 1 and Appellant Javed Shaikh will be referred to as accused No. 2.

(2.) The prosecution case briefly stated is as under :

(3.) Charge came to be framed against the Appellants and two other accused i.e. original accused Nos. 3 and 4 under Section 143, 147, 148, 302 read with Section 149, alternatively 302 read with Section 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act. As the fifth accused Kaisar Nadaf was found to be juvenile, his case was forwarded to the Juvenile Justice Court. All the accused who faced trial pleaded not guilty to the charge and claimed to be tried. Their defence is of total denial and false implication. After going through the evidence adduced in this case, the Learned Sessions Judge acquitted original accused Nos. 3 and 4 of all the charges. However, he convicted and sentenced the Appellants i.e. original accused Nos. 1 and 2 as stated in paragraph 1 above. Hence, these Appeals.