ASLAM BABULAL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to a judgment and order dtd. 29/6/2017, passed by learned 2nd Additional Sessions Judge, Kopargaon in Sessions Case No.58/2016. Vide impugned judgment and order, the appellant has been convicted for offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.2000.00, in default to undergo rigorous imprisonment for six months. FACTS

(2.) The appellant along with his parents was tried for offences punishable under Ss. 302, 323, 504 read with Sec. 34 of the Indian Penal Code. The parents of the appellant have been acquitted. The State has not preferred appeal against their acquittal.

(3.) The case of the prosecution in brief is that, it was a day of Ramazan Eid. There is a Masjid, "Jama Masjid" at village Karanji Bk., Taluka Kopargaon, District Ahmednagar. Most of the Muslim (male) persons of the village had been to the Masjid to offer prayers. It was about 10.00 a.m., after prayers were over, most of them left the Masjid. About 52 acres of land belongs to Masjid (Wakf). Most of the land was given to Muslim persons for cultivation. Babulal, father of the appellant was, as such, given 1 acre of land. He had sold it to one Aarne of village Shirdi. Office bearers of the Wakf had, therefore, preferred an application to the Wakf Board. It was allowed. Shri Aarne had to return the land to the Masjid. It was in the year 2007, a Trust (Wakf) was formed and registered. Ayub Banemiya (P.W.3) was the President and Hyder Shaikh (deceased) was the Vice President. 5 more persons were the trustees.