FAIM AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have questioned the correctness of the judgment and order dated 10.7.2012 passed by the Additional Sessions Judge, Vasai, District Thane in Sessions Case No.329 of 2007.. By the said judgment and order dated 10.7.2012 the appellant- original accused No.2-Haresh Patil has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment with a fine of Rs.10,000/- and in default of payment of fine further rigorous imprisonment of one year. The appellant -original accused No.1 Kamlesh @Babla @ Bablya Shankar Malpedi, accused No.2 Haresh Patil and accused No.3-Faim @ Lala Ibrahim Khan have been convicted for the offence punishable under Section 120B of the Indian Penal Code and sentenced to suffer life imprisonment with a fine of Rs.10,000/- each and in default of payment of fine to further suffer rigorous imprisonment for one year each. The Trial Court has thus convicted the original accused No.1 Kamlesh @ Babla @ Bablya Malpedi and accused No.3 Faim Lala Ibrahim Khan for the offence punishable under Section-120B of the Indian Penal Code. By the same impugned judgment and order the Trial Court was pleased to acquit the original accused No.4- Durgeshkumar @ Durga Ramshankar Pande from all the charges levelled against him. For the sake of brevity the appellants named herein above will be referred to with their original accused numbers as they were before the Trial Court.

(2.) The facts which are enumerated from the record and necessary to decide the present appeal can briefly be stated as under:-

(3.) The present case is based on ocular evidence of Arun Chandran (P.W.3), Amit Mishra (P.W.4) and Siddesh Kadam (P.W.21), P.W.3 Arun Chandran in his testimony has deposed that on 2.4.2007 he along with his friend Amit Mishra (P.W.4) were going towards Vasai (East) by a scooter. On the bridge they saw one person assaulting by stick to the victim. He therefore, stopped his vehicle and went to see what was happened. In the mean while, the person who was assaulting the other person (deceased) threw the stick there and ran away. P.W.3 Arun thereafter took the injured person by auto rickshaw to the hospital. He also found a diary near the injured person. The name of the injured person was Faim Khan. The said injured was admitted to Kanekar hospital. P.W.3-Arun Chandran gave intimation about the incident to the family members of Faim Khan. He handed over the said diary to the police. In the night he received a phone call from the police that the said injured expired. Thereafter, the police obtained his complaint which is at Exh.71. He had seen the person who had assaulted the deceased. He was called for identification parade wherein he identified the said person. He was Haresh Patil (Accused No.2).