KASAM ALISHA SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals, appellants/original accused nos.1 to 4 are challenging the judgment and order dated 29th August 2005 passed by the learned Additional Sessions Judge, Pune, convicting them of offences punishable under Sections 302, 326, 324 read with Section 34 of the IPC and sentencing them each to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for 3 months, for the offence punishable under Section 302 read with Section 34 of the IPC. For the offence punishable under Section 326 read with Section 34 of the IPC, appellants/accused were sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for 3 months and for the offence punishable under Section 324 read with Section 34 of the IPC, they are sentenced to pay fine of Rs.500/- each, in default, to undergo simple imprisonment for 1 month. The substantive sentences are directed to run concurrently.

(2.) Briefly stated, according to the prosecution case, PW2 Anwar Nimbargi was running a video game parlour in the name and style of A1 Video Games Parlour at Lonavala. Firoz Nimbargi (since deceased) was brother of PW2 Anwar Nimbargi. On 10th August 2003, at about 8.30 p.m., appellant/accused no.1 Kasam Shaikh and appellant/accused no.3 Dasharath Molimani had been to the said video game parlour. Appellant/accused no.3 Dasharath received a slight dash of PW3 Tanvir Qureshi which led to slapping PW3 Tanvir Qureshi by appellant/accused no.3 Dasharath. This resulted in exchange of abuses. Ultimately, PW2 Anwar Nimbargi, his brother deceased Firoz Nimbargi and others drove out PW3 Tanvir Qureshi along with appellant/accused no.1 Kasam and appellant/accused no.3 Dasharath out of the video game parlour. However, the matter did not end there. Quarrel continued even outside the video game parlour.

(3.) According to prosecution case, appellant/accused no.2 Rahim Shaikh armed with a chopper and appellant/accused no.4 Ganesh Naidu armed with a knife, joined that quarrel. Appellant/accused no.4 Ganesh assaulted PW3 Tanvir Qureshi by knife. Deceased Firoz Nimbargi, his brother PW2 Anwar Nimbargi, PW4 Noor Mohammed Mehboob Shaikh and others tried to intervene. Appellant/accused no.3 Dasharath gave a fist blow to Firoz Nimbargi. Thereafter, appellant/accused no.2 Rahim Shaikh assaulted PW2 Anwar Nimbargi by a sharp edged weapon. Appellant/accused no.1 Kasam Shaikh took a knife from appellant/accused no.4 Ganesh and assaulted Firoz Nimbargi. Appellant/accused no.2 Rahim Shaikh is also stated to have assaulted deceased Firoz Nimbargi by means of a knife. Appellant/accused no.4 Ganesh is stated to have assaulted Sharan Nagore by taking knife from accused no.1 Kasam. In a similar way, by taking a knife from accused no.2 Rahim, appellant/accused no.3 Dasharath is stated to have assaulted Sharan Nagore. After sustaining injuries, deceased Firoz Nimbargi and his brother PW2 Anwar Nimbargi, rushed towards Parmar hospital in the vicinity. PW3 Tanvir Qureshi also left the spot. After the incident, PW1 Abhijit Nikude, who had witnessed the incident, lodged the First Information Report (FIR) (Exhibit 66) which has resulted in registration of Crime No.69 of 2003 against all appellants/accused for offences punishable under Section 302, 307, 324 read with Section 34 of the IPC. After investigation, appellants/accused were charge-sheeted. After due trial, ultimately, by the impugned judgment and order dated 29th August 2005, passed in Sessions Case No.407 of 2003, the learned Additional Sessions Judge, Pune, convicted and sentenced appellants/accused as indicated in the opening paragraph of the judgment.