MOH SHAFIQUE Vs. STATE OF MAHARSTRA

JUDGEMENT

(1.) ALL these appeals arise out of the judgment and order dated 21 -1 -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.

(2.) THE prosecution case may be briefly stated thus : That, PW -15 Firozuddin Sayfuddin Kazi had some agricultural land at village Warud, District -Amravati, which he had converted to residential use and a layout of plot was sanctioned thereon. That area is better known as ''Naya Dayara '' at Warud. Firozuddin had sold one plot out of the layout to now deceased Ayyubshah and some other plots were sold to his father PW -7 Sulemanshah. The accused Mohammad Yasin and Mohammad Yunus had allegedly encroached upon the plot of the land of deceased Ayyubshah and had constructed a hut on some portion. Firozuddin had made an attempt and requested the accused to remove the encroachment, which they had initially agreed but failed to keep their promise. It is the prosecution case that they started further construction and now deceased Ayyubshah had filed some proceedings in respect of encroachment on 24 -6 -1997. Firozuddin and deceased Ayyubshah had been to Police Station to lodge complaint about the encroachment. On the day of incident i.e. 25 -6 -1997 at about 10:30 a.m. PW -15 Firozuddin along with to ASI Shankar Nimkar (PW -16) accompanied by other police staff and now deceased Ayyubshah, had gone to the plot of land for inspection. At that time, PW -12 Aslamsha, who is brother of the deceased and injured in this case, was at home. When all of them reached near the hut, original accused No. 4 Mumtaz @ Sunnabai, who is the wife of accused No. 1 Mohd. Yasin, was washing clothes and on seeing Ayyubshah, she started abusing him and hit Ayyubshah with the bucket on his back. In the meanwhile, appellant Mohd. Yasin and Mohd. Yunus came there and there was a scuffle between them and deceased Ayyubshah. It is said that in the meantime, Shahinparveen (original accused No. 5), wife of appellant Mohd. Yunus, also came there. Both accused No. 4 Mumtazbegum and accused No. 5 Shahinparveen, went inside the house and brought weapons namely; knife and a razor and it was given to appellant Yunus and Yasin by which they assaulted Ayyubshah. Appellant Yunus was having a razor, while Yasin was having knife. Ayyubshah was assaulted on abdomen and back. It is said that, in the meanwhile, appellant Mohd. Shafique (original accused No. 3) came there having Sword and assaulted Ayyubshah by the same and on account of the assault, Ayyubshah sustained severe injuries and fell down.

(3.) 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 (A -4)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.