MUJJAFFAR RAMJAN ALI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are directed against the judgment and order dated 27.10.2015, delivered by the Adhoc District Judge and Additional Sessions Judge, Nagpur in Sessions Trial No. 208/2014. Originally there were three accused. Accused no.2 Gaffar Ali s/o Ramzan Ali was murdered and hence, prosecution against him has abated. Accused no.1 Samsher and original accused no.3 Mujjaffar have been convicted for offences punishable under Sec. 307 read with Sec. 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay find of Rs. 1000.00 and in default, to undergo rigorous imprisonment for 3 months. Samsher is also punished with rigorous imprisonment for 6 months for offence punishable under Sec. 4 read with Sec. 25 of Indian Arms Act. While Mujjaffar is acquitted thereof. They are also acquitted of offence punishable under Sections 135 and 142 of Bombay Police Act.

(2.) Criminal Appeal No.435/2015 is filed by the State Government under Sec. 377 [1] of Code Criminal Procedure for enhancement of sentence. Criminal Appeal No.385/2015 is filed by Mujjaffar challenging his conviction; while Criminal Appeal No. 387/2015 is filed by Samsher assailing his conviction. Samsher, Mujjaffar and deceased Gaffar are real brothers.

(3.) As per case of prosecution, on 28.12.2013 at 9 p.m. complainant Alim Khan was returning to his house from Mobin Pan Thela. Accused persons all of a sudden came and delivered blow of sword upon him. He avoided it, left his vehicle and ran towards his house. Samsher and Mujjaffar chased him on two wheeler and Samsher then delivered blow of sword on his head causing bleeding injury. Complainant Alim Khan reached his house in injured condition. His family members took him to police station and police authorities immediately sent him to Government Medical College. He lodged report and after completing investigation, charge sheet came to be filed. Accused no.2 Gaffar Ali expired before framing of charge and hence, case against him abated.