KAMRU AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants, who are convicted by the 3rd Ad-Hoc Additional Sessions Judge, Mumbai, by Judgment and Order dated 31st March 2009 in Sessions Case No.745 of 2007, for the offence punishable under Section 302 r/w. 34 of IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- each, in default to suffer R.I. for three months, by this Appeal challenge their conviction and sentence.

(2.) Brief facts of the Appeal can be stated as follows :- PW-1, the Informant Farida Shaikh is the sister-in-law of deceased Mohammad Rafiq. On 12th June 2007, at about 5:00 pm,, when she had taken her niece Heena for hair-cut to Goodluck Hair Cutting Saloon and was standing in front of the said Saloon, she saw her brother-in-law deceased Mohammad Rafiq was coming from his house on the motorcycle. At that time four persons, coming from the opposite direction, intercepted him and assaulted him with sharp-edged weapons like knives. Due to the assault, Mohammad Rafiq fell down from the motor-cycle. The assailants ran away therefrom. PW-1 Farida rushed to Mohammad Rafiq and asked him what had happened. Deceased told her the names of the Appellants as the assailants. PW-1 Farida was knowing them by their faces and on coming to know their names, in the hospital, where Deceased was taken in injured condition, she disclosed their names to PW-16 Investigating Officer API Liyakat Shaikh, who recorded her detailed complaint and upon obtaining crime number on phone from Parksite Police Station, got registered C.R. No.170 of 2007 on her complaint (Exhibit-15) against the Appellants.

(3.) Meanwhile, PW-2 Neha Shaikh, wife of Deceased Mohammad Rafiq, her brother PW-3 Rohit Rambhiya, who had rushed to the spot on hearing the commotion and shouts, reached there and, along with PW-1 Farida, took injured Mohammad Rafiq to Sonagra Nursing Home and from there he was directed to be taken to the Rajawadi Hospital. He was declared dead at the time of admission in Rajawadi Hospital. PW-16 API Shaikh then carried out Inquest Panchanama (Exhibit-71) and seized the blood stained clothes on his person under Panchanama (Exhibit-31). Along with PW-1 Farida, PW-16 API Shaikh then went to the spot of incident and drew the Scene of Offence Panchanama vide Exhibit-72. On returning to the Police Station, he filled up the printed format of F.I.R. at about 2 am in the night. The Appellants herein were arrested on the next day and the blood stained clothes on their persons came to be seized under Arrest Panchanama (Exhibit-26).