LAWS(BOM)-2014-7-272

MUNNA MOHAMMAD SHAIKH Vs. STATE OF MAHARASHTRA

Decided On July 25, 2014
Munna Mohammad Shaikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25th March, 2010 delivered by the learned 5th Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No. 569 of 2009 convicting the appellant for commission of offence punishable under Section 326 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for Seven years and to pay fine of Rs. 1,000/- and in default of payment of fine, to suffer simple imprisonment for three months. The said prosecution emerged out of the charge-sheet filed by P W-9 PI. Ajay Krushanaji Lonare as a result of investigation in Crime No. 180 of 2009 of Nagpada police station registered by PW-8 PSI. Dhananjay Yashwant Fadatare on the basis of report (Exh-28) submitted by police head constable PW-4 Sandip Mariba Wankhede regarding the incident of quarrel reported to him by one person approaching at Mumbai Central police chowky on 18th June, 2009 at about 1.15 p.m. According to the prosecution said person has approached PW-4 whilst on duty at the said police chowky and informed about the quarrel which was ensuing on the footpath near main gate of Mumbai Central railway station. PW-4 rushed at the said place along with other police officials and found that victim Bangali alias Vinod Indrapradan Aaliyaput was lying at said place with intestine oozing out of stomach. The hawkers present at said place then having told him that the assailant was fleeing away inside the railway station from the entrance gate, Police Naik PW-6 Anil Ravaji Ghag and PN No. 24996 accompanying PW-4 and apprehended the appellant whose cloths were then found stained with blood. On inquiry, he has disclosed his name as Munna Shaikh, aged 28 years. Thereafter, PW-4 sent victim Bangali to Nair hospital for medical treatment. PW-7 Dr. Gautam Karbhari Gangurde treated said Bangali at said hospital.

(2.) PW-4 thereafter narrating such events occurred, lodged F.I.R. (Exh-28). PW-8 then on duty at Nagpada police station, upon the said report, registered a crime No. 180 of 2009 against the appellant for commission of offence under Section 307 of Indian Penal Code. PW-8 carried out the initial investigation of said crime which included drawing of spot panchanama (Exh-8), recording of statement of injured, seizure of weapon of offence i.e. sickle as a sequel to statement leading to discovery of it made by appellant by drawing memorandum and discovery panchanama (Exh-29) from a place in the garden to which the appellant had led police panch witnesses PW-5 Mohammed Manju Shaikh and another, seizure of blood stained clothes (Article-2) from the person of appellant under panchanama (Exh-30).

(3.) The further investigation in the said crime was carried out by PW-9 which included recording of statement of witnesses, recording of statement of injured, sending seized muddemal articles to Chemical Analyzer, adding offence under Section 302 of Indian Penal Code to the crime registered, after occurring of death of injured at Nair hospital on 4th July, 2009, collecting of postmortem notes of the postmortem examination on the deceased carried out by PW-2 Dr. Vinod Choudhari at the said hospital. PW-9 at the conclusion of the investigation submitted charge-sheet against the appellant in the Court of learned Metropolitan Magistrate, 25th Court, Mazgaon for the offence of murder and the said Court committed the case registered thereon involving said offence triable by the Court of Session, to the said Court.