NOOR MOHAMMAD SHAIKH HABIB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The appeal is directed against the judgment of conviction dtd. 26/4/2018 passed in Sessions Trial No.53 of 2015 by the Ad hoc Additional Sessions Judge, Khamgaon, District Buldana, thereby convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced him to suffer rigorous imprisonment for life with a direction to pay fine of Rs.2,000.00.

(3.) The appellant was convicted for the offence punishable under Sec. 302 of the IPC on the allegation that he committed the murder of his wife - Sadikabi and son - Mudassir at his residential house. The prosecution case is that informant PW-3 - Naseebabi Jaribkha lodged a report with Tamgaon Police Station alleging therein that, on the intervening night of 23/10/2014, the appellant assaulted his wife and son by means of axe, wherein they died on the spot. The police prepared spot panchanama after seizing a blood stained axe having 26.5 inch. wooden handle, a pillow, a quilt, plastic palam, green coloured night pant, blood stained soil and soil sample etc. from the spot. The post-mortem was conducted on the dead bodies of Sadikabi and Mudassir. On 23/10/2014 at about 14:30 hours, the accused came to be arrested. After completion of investigation, charge-sheet came to be filed. The accused was put on trial and at the conclusion of trial, the Trial Court recorded the findings of conviction and sentenced the appellant for the aforesaid crime.