STATE OF MAHARASHTRA Vs. SALIM SHARIFF QUERESHI

JUDGEMENT

(1.) Taking exception to respondents' acquittal by the learned additional Sessions Judge, Solapur for offence punishable under section 302 read with section 34 of the Penal Code, the State has appealed.

(2.) Deceased Hanmant Nivrutti khandare was an employee in a hotel run by accused No. 1 - Salim Sharif Qureshi. Accused No. 2 - Javed Salim Qureshi is a son of accused No. 1. Vahid Salim Qureshi, the other son of accused No. 1 was also alleged to be involved in the incident of death of Hanmant, but being a juvenile at the relevant time, was sent to Juvenile Court.

(3.) It was the prosecution case that accused no. 1 Salim Sharif Qureshi was irked by his wife Haseena's free behaviour with the deceased Hanmant. On the night between 7th and 8th August, 1996, the two respondents and juvenile offender Wahid murdered Hanmant by stabbing with knife. This was seen by victim's relations sukhadev Kshirsagar. On the report by one suresh Randive, brother-in-law of victim, police registered an offence and commenced investigation. In course of investigation, police performed panchanama of spot and inquest on the dead body and sent the dead body for post-mortem examination, recorded statements of witnesses, arrested accused, seized incriminating articles and, on completion of investigation, sent chargesheet to the judicial Magistrate, First Class, mohol. The learned Magistrate committed the case to the Court of Sessions at Solapur.