ABBAS BHIKAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE original complainant Abbas Bhikan Pathan (P. W. 1) and also the brother of the deceased Issak Bhikan Pathan has preferred the present Criminal Revision Application against the judgment and order passed by Additional Sessions Judge, Ahmednagar, in Sessions Case No. 154 of 1989, acquitting the accused - respondent No. 2 of the charges under section 302 read with 34 of the I. P. C. on 5-7-1990.

(2.) THE respondent No. 2 Akbar Husein Shaikh and the absconding accused Shafik Husein Shaikh and Dadamiya are brothers inter se. The complainant Abbas (P. W. 1) has two brothers by name Shabbir and Issak (the deceased ). The sister of the complainant Jaitunbee is married to Dadabhai. It is alleged by the complainant that on 25-5-1989, he and his brother deceased Issak had gone to Bazar and they were returning by about 5. 00 p. m. by Kazibaba Road at Shrirampur, Dist. Ahmednagar. As soon as they came in front of the shop of one Rafiq on Kazibaba Road, the respondent No. 2 and the absconding accused Shafik Husein Shaikh accosted them. The absconding accused caught hold of hands of Issak while the respondent No. 2 took knife and stabbed Issak at three places. The complainant got frightened and rushed to Police Station. It is also the case of the prosecution that the respondent No. 1 came there with blood stained knife and presented the same in the police station. F. I. R. Exh. 16 given by the complainant was recorded and the offence came to be registered at C. R. No. 76 of 1989 under section 302 read with 34 of the I. P. C. against respondent No. 2 and his absconding brother.

(3.) P. S. O. Anton Rangnath Kamble (P. W. 8) was on duty in police station, Shrirampur city. According to him at 5. 30 p. m. Abbas - the complainant came to the police station and lodged the complaint about the murder of his brother. He recorded the same (Exh. 16) and registered the offence at C. R. No. 76 of 1989 against respondent No. 2. At the same time, he has further stated, that the respondent No. 2 came to police station with a knife in his hand (Article No. 1) and he attached the same under panchanama Exh. 20. The respondent No. 2 was arrested on the same day. P. S. I. Shahaji (P. W. 9) took charge of the investigation and he went to the alleged place of incident near Syed Baba square. He prepared the panchanama Exh. 9. He came to know that the deceased was removed to the Hospital. He went to the hospital however, he came to know that he was no more. The inquest Exh. 14 was drawn. The dead body was sent for post-mortem examination. He also recorded statements of some of the witnesses. The muddemal property including the dagger (Article No. 1) was sent to the office of Chemical Analyser for examination and in due course he filed charge-sheet against the respondent No. 2 and has mentioned the name of Shafik as absconding accused.