TALIB TAHIR KHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) None appears for the appellant. This Court had requested Ms. Aarti Bhoir to go through the records and espouse the cause of the appellant. She has gone through the records during the course of the day and has assisted the Court to the best of her capacity.

(2.) Appellant herein is accused in Sessions Case No. 201 of 2001. By Judgment and Order dated 07/08/2003, appellant has been acquitted of the offence punishable under section 120 (B) r/w 302 of Indian Penal Code and has been convicted for offence punishable under section 307 of Indian Penal Code and is sentenced to rigorous imprisonment for 7 years and fine amount of Rs. 7000/- i.d. rigorous imprisonment for six months. Accused is also convicted under section 3 r/w 25 of the Indian Arms Act and is sentenced to imprisonment for one year and fine amount of Rs. 3000/- i.d. rigorous imprisonment for three months. Hence, this appeal.

(3.) It is the case of prosecution that on 15/11/2000, at about 4.30 p.m., when Mohd. Zishan was standing at his S.T.D. booth. He was chatting with a friend Afzal Hasan. At that time, Zishan was shot from a very close distance. He started running. His brother who was running export shop just opposite the S.T.D. booth has raised alarm. The assailant was chasing Mohd. Zishan. At one point Mohd. Zishan turned around and had pounced upon assailant. There was a scuffle. Since the brother of Mohd. Zishan has raised alarm, people had gathered at the scene of the offence and had nabbed the assailant. The police patrolling jeep had stopped at the place of incident. A message was given to the police station. Faiyyaz Sayyed who was a P.S.I. had received the message. He had seen that the accused was injured in the scuffle. He had taken Mohd. Zishan to J.J. Hospital. Similarly, accused was also referred to the hospital. It was noticed that accused had fired two rounds at Mohd. Zishan. He had sustained bullet injuries on his back.