ABDUL MEHBOOB ABDUL SAMAD Vs. STATEOF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 197 of 1998 preferred by nine accused persons who were convicted out of thirteen put to trial before the learned Second Additional Sessions Judge, Akola in Sessions Trial No. 21 of 1994 for the offences punishable under sections 147, 148, 325 read with 149, 326 read with 149 and 307 read with 149 take exception to their conviction by the learned Additional Sessions Judge, for the offence punishable under section 147, 148, 326 read with 149 of the Penal Code and the resultant sentence imposed upon them. Criminal Revision No. 118 of 1998 seeks to give vent to the anguish of the complainant for the trial Court not having held the appellants guilty of the offence punishable under section 307 of the Penal Code.

(2.) The facts in the context of which the appellants came to be prosecuted along with other accused are as under : the complainant Walayatali as well as all the accused are residents of village Panaj. On the second day of Id in the year 1981 when the complainant was returning from the house of one Sheru and was passing by the house of accused Abdul Samad all the accused attacked him. Accused No. 1 Sheikh mehboob hit him on his head by axe and Accused No. 3 Sheikh Adil gave a stick blow on his neck. Other accused were also armed with sticks. Accused No. 5 Sk. Yusuf was armed with spear and gave a blow by spear on his right hand. All the accused beat him up. Accused No. 1 Sk. Mehboob also hit the complainant by axe on his right leg. The complainant fell unconscious. In the course of assault on complainant when his daughters tried to intervene they were also beaten up. Police Officers reached the spot and accused took to heels. Police Constable maheshwar informed the Police Station on telephone. Police force reached the spot. The victim was shifted to Hospital at Akot and from there to Civil Hospital, akola.

(3.) An offence was registered and after recording statements of witnesses, performing spot panchnama, causing victim to be examined and on completion of investigation, the police sent charge-sheet against fourteen persons. Of them and Samad Patel, died during pendency of the trial, and hence, after commitment the learned Additional Sessions Judge charged remaining thirteen accused persons of various offences, as aforementioned. In its attempt to bring home guilt of the accused the prosecution examined in all 12 witnesses. Upon consideration of evidence of these 12 witnesses the learned Second Additional Sessions Judge, Akola held accused No. 1 Abdul mehboob Abdul Samad guilty for the offence punishable under sections 147, 148 and 326 read with 149 of the Penal Code and sentenced him to suffer rigorous Imprisonment for one month and to pay a fine of Rs. Two Hundred on the first two counts and rigorous imprisonment for three years and fine of rs. Two Thousand or in default of payment of fine R. I. for six months for the third count. Accused No. 2 Abdul Asif, Accused No. 3 Abdul Adil, Accused no. 4 Abdul Najim, Accused No. 6 Altaf Hussain, Accused No. 8 Himayat hussain, Accused No. 9 Shahid Khan Tamizkha, Accused No. 10 Nazakatali and Accused No. 13 Sharafatali were convicted for the offences punishable under sections 147, 148 and 149 of the Penal Code and sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs. Two Hundred. All the accused were acquitted of the offence punishable under section 307 of the Penal Code and Accused No. 5 Abdul Yusuf, Accused No. 7 Imdad hussain, Accused No. 11 Musaratali and Accused No. 12 Mustaqali were acquitted of all the charges. As already stated, aggrieved thereby the present proceedings have been filed.