LAWS(BOM)-1996-7-109

ASLAM SHEIKH ISHAQUE Vs. STATE OF MAHARASHTRA

Decided On July 22, 1996
Aslam Sheikh Ishaque Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) BY means of this appeal, the appellants have challenged the judgment and order dated 30-8-1982, passed by the additional Sessions Judge Pune, in Sessions Case No.96 of 1982, whereby they have been convicted and sentenced to undergo 7 years RI each under section 307 r/w section 34 IPC. Along with appellants, one other namely Asif Shaikh was also prosecuted and tried but, he has been acquitted vide impugned judgment. The State of Maharashtra has not preferred an appeal challenging his acquittal.

(2.) BRIEFLY stated the prosecution case runs as under:- On 20-9-1981, at about 10.30 a.m. Kumar Mehtare PW 1 went to the betel stall of S.D.Pan Merchant and while he was there in a short time, the appellant, Aslam Sheikh arrived there and glared at him. Kumar Mehtare in turn also glared at him. On that Aslam Shaikh gave him a threat that he would show him the consequences. An exchange of abuses between Kumar Mehtare and Aslam Sheikh took place. One Munshi Shaikh separated them. At that time, Kumar Mehtare's friend Bhanudas Chavan PW 2 was also present. Bhanudas Chavan PW 2 told him that they had to go for carrom tournament in Dashanima Mangal Karyalaya. Accordingly, they went to the said karyalaya which was situated behind Minerva theatre. They reached the Karyalaya at about 11 a.m. Bhanudas Chavan started playing in the tournament while Kumar Mehtare was watching him play. Kumar Mehtare was there till about 3 p.m. then he came down for a cup of tea. Again at about 3.15 p.m. he proceeded towards the room where the tournament was being played. As he was climbing the staircase, the appellant Aslam Sheikh rushed towards him and inflicted a knife blow on his abdomen. His two companions namely Abdul Bari (appellant ) and Asif Shaikh assaulted him with swords. Apart from the victim Kumar Mehtare, the incident was also seen by Kantilal Chavan PW 9 and Vijay Makwani PW 10. It is also said the Bhanudas Chavan and Rajan Solanki rushed hearing the cries of Kumar Mehtare but by that time, the assailants had run away. When they asked Kumar Mehtare, about the incident, he told them that Aslam Shaikh and his companions had assaulted and injured him by means of knife, and sword. After the incident, Bhanudas and Solanki fetched a rickshaw and on the same took Kumar Mehtare to the Market police chowky. From there, police officers sent Kumar Mehtare to Sasoon Hospital, where he was admitted in Ward no.12.

(3.) THE FIR of the incident was lodged by the victim Kumar Mehtare PW 1. It was recorded by SI Madhukar Mote PW 12 of Visrambaug police station in Ward no.12 of the Sasoon Hospital. The FIR is Exhibit 33. It bears signature of SI Mote. It is significant to point out that after Dr.Nale had certified at 5.30 p.m. on 20-9-1981 i.e. same day that the victim was in a fit condition the FIR was lodged.