SHAFIQUE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals arise out of the judgment and order dated 21.01.2009 passed by the learned Sessions Judge, Amravati in Sessions Case No. 90/1997, by which the appellants in these appeals have been convicted for the offence punishable under Sections 302, 307, 333 read with Section 34 of the Indian Penal Code and the appellant Mumtazbegum in Criminal Appeal No. 154/2009 (original accused No. 4) has been further convicted for the offence punishable under Section 324 of the Indian Penal Code and they have been sentenced accordingly. As these appeals arise out of the same judgment and order, they are being disposed of by this common judgment. The prosecution case may be briefly stated thus:

(2.) The learned Sessions Judge framed charge (Exh. 46) against all the appellants for the offences punishable under Sections 302, 307 and 333 of the Indian Penal Code. The appellant Mumtazbegum (A4)was additionally charged for the offence punishable under Section 324 of the Indian Penal Code for having voluntarily caused hurt to Sulemanshah [PW-7] by means of bucket. The appellants/accused pleaded not guilty and claimed to be tried. The defence is that of false implication.

(3.) We have heard the learned Counsels appearing for the appellants in all the three appeals and the learned Additional Public Prosecutor for the respondent-State. With the assistance of the learned counsels, we have scrutinized the entire evidence and the impugned judgment.