ANWAR IMAMSAB RANGREJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the order dated 7th March, 2002 passed by the IV Additional Sessions Judge, solapur, in Sessions Case No. 153 of 2001, the appellant - original accused No. 1 has filed this appeal challenging his conviction and sentence under section 302 of the Indian Penal code as also section 25 of the arms Act, 1959.

(2.) With the assistance of the learned counsel for the accused-appellant and the learned Additional Public Prosecutor we have scrutinized the record and re-appreciated the evidence on record.

(3.) The prosecution case, stated briefly, is that - The victim Raisa was wife of the complainant Jalil who was doing the work of collecting old and waste material and victim Raisa was small scale cloth seller. She had sold some cloth to the accused persons and they owed her the price thereof. 'according to the prosecution, on 18. 2. 2001 at around 8. 30 p. m. victim Raisa told her husband that she is going to the house of the accused to collect certain outstandings. She left her house around 9. 00 p. m. and complainant Jalil left around 10 minutes thereafter to the Nadaf Hotel to take tea. When he was on his way to the hotel, he saw his wife crying and holding her belly. He saw bleeding injuries and saw that the intestines of the victim were out. He asked the victim as to how the injuries were caused and the victim told him that these injuries were caused by the accused persons. After saying this, according to the complainant, she died on the spot. Complaint was lodged by the complainant PW1 husband of the victim before the police and investigation was conducted. The accused persons were arrested and they were charged under section 302 for committing murder of Raisa. The prosecution examined 13 witnesses to prove its case and the learned trial Judge, on appreciation of evidence on record, came to the conclusion that the accused is guilty of offence under section 302 of the Indian penal Code and, therefore, the conviction as mentioned above. It is this order which is assailed before us by the learned Counsel appearing for the accused. We took us to the evidence of PW1 the complainant, pw2 a child witness who claims to be the eye-witness and PW3 a relative of complainant pw-1 Jalil. The prosecution has proved that the death of victim Raisa was homicidal in nature. It is thus believing the testimony of PW2 and the corroborative narration of PW1 and PW3, the learned trial judge convicted the accused No. 1 as mentioned above. As there was no material against accused Nos. 2 and 3 they ere acquitted.