SHARFUDDIN JAMALUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellants have challenged the judgment of the Additional Sessions Judge, Greater bombay, in Sessions Case No. 810 of 1998 under which they have been convicted for committing the offences punishable under section 302 read with section 34 of indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- and in default, to suffer rigorous imprisonment for 2 months.

(2.) THE accused have been acquitted for the offences under section 37 read with section 135 of the Bombay Police Act. There is no Appeal filed by the State from the order of acquittal. The Complainant is the brother of the deceased one mohammed Rafiq. The deceased lived with his father, mother, brother and sister. It is the prosecution case that the deceased one Mohammed Rafiq, the brother of the complainant, left his house on 17. 4. 1998 at about 9. 15 p. m. to attend the marriage ceremony at Goregaon. As soon as he left the house, the Complainant and his family members heard shouts of a quarrel between the deceased and some others. They came out of the house. They found the deceased surrounded by the four accused. They were threatening the deceased. Accused Nos. 1, 3 and 4 had swords in their hands and accused No. 2 had an axe. Two persons, examined as p. W. Nos. 2 and 5, were trying to persuade the accused not to quarrel. Accused No. 1 inflicted a blow by means of a sword on the head of the deceased. Consequently, the deceased had a bleeding injury. The complainant himself saw this after he came out of the house and proceeded towards his brother who was surrounded by the accused. When the first blow was given the other witnesses moved back. His mother rushed towards the deceased. She was pushed back. The Complainant proceeded towards his brother. The accused came towards the Complainant. Hence the complainant retreated. After the first blow given by accused No. 1 on the head of the deceased, all the accused started giving repeated blows by their swords and an axe, upon the deceased, respectively. The accused left the place brandishing their weapons.

(3.) HAVALDAR from Meghwadi Police Station, came on the spot. Mohammed Rafiq was shifted to Cooper hospital. The doctor declared him dead.