MOHD SATTARUL NAJRUL MULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 10th February, 2009 passed by learned Sessions Judge, City Civil & Sessions Court, Greater Mumbai thereby convicting the appellant/accused for the offences punishable under section 302 r/w. 34 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, in default further to suffer R.I. for 15 days.

(2.) The case of the prosecution is as follows :

(3.) The case of the prosecution is entirely based on circumstantial evidence. The prosecution has examined total 12 witnesses. PW-1 Rashid Gazi Ahmed Gazi is a complainant who gave FIR which is marked as Exhibit 9. PW-2 Khan Altaf Atta Hussain Pathan, who is panch for the panchnama of the shop from where the axe was purchased (Exhibit 30) and also recovery of blood stains clothes (Exhibit 33). PW-3 Munir Abdul Jabbar Shaikh is a shopkeeper from where the axe was purchased. PW-4 Pawankumar Siyaram Vishwakarma is a shopkeeper from where the blade of the axe was sharpened. PW-5 Ayofar Gazi, PW-6 Shaikh Mastan Ali Abdul Sattar is panch of inquest panchnama (Exhibit 18) and spot panchnama (Exhibit 19), PW-7 Dr. Pravin Sakharam Bagul who carried out postmortem, PW-8 Madhukar Pralhad Bage, Metropolitan Magistrate, who recorded statement of juvenile accused Rana @ Samir on 18th October, 2007 under section 164 of Cr. P.C. PW-9 Santosh Dnyaneshwar Bhandara, P.I. attached to Shivaji Nagar Police Station, PW-10 David Dadu Alhat, P.S.I. who recorded FIR of PW-1, PW-11 Sunil Rajaram Ghosalkar, P.S.I., Crime Branch. Thane where panchnama of purchase of axe and sharpening of blade of axe was drawn and who called panchas. PW-12 Sharad Nilkanth Shalu is a finger print expert.