KARIM ISMAIL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith by consent. The A. P. P. waives service.

(2.) THROUGH this Criminal revision, the applicants impugn the judgment and order dated 20-10-1995 passed by the Sessions Judge, District Thane, in Criminal Appeal No. 48/93 maintaining the judgment and order dated 17-3-1993 passed by 5th Assistant Sessions Judge, Thane, in Session Case No. 98/91, convicting and sentencing each one of them to undergo seven years RI and to pay a fine of Rs. 500/- i/d to suffer three months RI, under section 307 r/w 34 I. P. C. .

(3.) THE concurrent finding of the courts below is that the victim Nisar P. W. 1 at the time of the incident, was residing in "masoom Bibi Chawl". The three applicants are very closely related in as much as the applicant Ismail Latif Shaikh is the father of other two applicants. On 13-6-1990 at about 9. 30 p. m. , the applicants came in front of the house of Nisar and started abusing him. Thereafter, applicant Karim Ismail Shaikh caught hold of Nisar and on the instigation of applicant Ismail Latif Shaikh, to assault Nisar with a knife, applicant Rehman Ismail Shaikh (Rahim) inflicted a knife blow on the abdomen of Nisar. On sustaining the aforesaid blow, Nisar fell down on the ground. Blood started profusely oozing out from his injuries. Applicant Karim Ismail Shaikh and Rehman Ismail Shaikh were apprehended on the spot by persons who had gathered there and taken to police station. The motive for the assault alleged by the prosecution is that two days earlier i. e. on 11-6-1990, applicant Karim Ismail Shaikh had extended a threat to Nisars brother that he would assault him with a gupti.