SHAIKH IBRAHIM SHAIKH USMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Ms. Haidari for the appellant and learned Additional Public Prosecutor Mr. Thakre for the respondent State. This appeal is coming up for final hearing after 16 years of filing of the appeal. The incident had taken place in the year 1987. As such the appeal is being decided after about 28 years of the date of incident.

(2.) The appellant has been convicted for the offence punishable under Section 307 of Indian Penal Code and is sentenced to suffer R.I. for a period of three years and to pay fine of Rs. 2000/- and in default to suffer R.I. for six months. The appellant was in custody from 11th February, 1998 till 30th August, 1998. The learned trial Court has directed that set off be given to the appellant for the period already undergone by him. The appellant was accused No. 2. He was charge-sheeted along with accused Nos. 1 and 3 for the offence punishable under Section 307 of I.P.C.

(3.) The incident in question had occurred at Teka Naka, Nagpur. The PW-2 - Trilochan Kedarnath Dubey was running a small hotel at Teka Naka, near a country liquor shop. His wife, PW-1 - Kalawatibai was assisting him in the said business. The appellant was regularly visiting the shop of PW-1 and 2 and therefore, he was known to them. It is on 28th January, 1987 at about 8.15 p.m. that the appellant accompanied by accused Nos. 1 and 3 had purchased eggs and wades from the shop of PW-2. He, however, refused to pay the price and started abusing the PW-2. He went to the extent of taking out a knife and stabbing PW-2 in his abdomen. After the incident of stabbing, the appellant and his associates ran way from the spot. A severe injury was caused to PW-1. His intestine came out. He was removed to the Hospital. The F.I.R. was registered on the statement of PW-1 Kalawatibai for the offence punishable under Section 307 read with Section 34 of I.P.C.