AKBAR INTIJARUL ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.11.2002 of the IV Adhoc Additional Sessions Judge, Thane, whereby the learned Judge has convicted the accused under Sections 302 and 506 of the Indian Penal Code and sentenced him to life imprisonment.

(2.) Briefly stated, the prosecution case is that, the accused and the deceased were employed in a factory in Bhiwandi. They lived together in one room alongwith other workers. The accused and the deceased were on inimical terms and they, therefore, often quarrelled. The prosecution contends that two of its witnesses Makbul and Raju who are examined as PW-4 and PW-5 respectively, tried to impress upon the accused and the victim, Guddu Ali not to waste their energy in quarrelling with each other. On 13.9.2001 at 5.30 p.m. Makbul, Raju, the accused and other workers found Guddu Ali sitting near the Hanuman Temple. They tried to reconcile the dispute between Guddu Ali and the accused. After some time, all the others except Makbul, Raju the accused and the victim left the place. These two persons again tried to convince the victim and the accused. The prosecution then contends that the accused brought out a knife which he was carrying surreptitiously and inflicted a blow on the neck of Guddu Ali and ran away from there. At the same time, he threatened Makbul with dire consequences if he mentioned to anyone that the accused had committed the offence. Makbul and Raju caught hold of Guddu Ali and took him towards the Hanuman temple. However on the way Guddu Ali fell to the ground. Makbul then pulled out the knife from the neck of Guddu Ali and kept it aside on the ground. Makbul and Raju saw some persons approaching the spot. They, therefore, ran away. In the meanwhile, a young girl informed the brother of Guddu Ali about his death. This person was working in the hotel run by the complainant. The victim s brother rushed to the spot, followed by the complainant. While approaching the Hanuman temple, they saw two persons carrying Guddu Ali. On reaching the spot they admitted the victim to hospital, where he was declared dead. After the complaint was lodged on 13.9.2001, the accused was arrested on 29.9.2001 and was arraigned. The Adhoc Addl. District Sessions Judge, Thane, on completion of the trial against the accused, convicted and sentenced the accused as aforesaid.

(3.) Out of 11 witnesses examined by the prosecution, PW-4 and PW-5 are supposedly eye-witnesses to the crime. PW-7 is the complainant. PW-8 and PW-11 are the investigating officers. PW-9 is the medical officer who performed the post-mortem examination on the victim. PW-10 is a person who claims that the accused had purchased a knife from him. The other witnesses i.e. PW-1, PW-2, PW-3 and PW-6 are panch witnesses.