MAQBOOL AHAMD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant Maqbool Ahamd (hereinafter referred to as "the accused"), impugning a Judgment and Order passed by the Sessions Judge, South Goa, Margao on 28. 10. 2005 in Sessions case No. 27/2004. By the impugned Judgment and Order, the trial Court has convicted the accused for an offence punishable under Section 302 of the indian Penal Code (IPC) and on this count, it has sentenced him to suffer imprisonment for Life and to pay a fine of Rs. 2,000/-, in default, to suffer rigorous Imprisonment for two months. The accused is further convicted for an offence punishable under Section 309 of the IPC and on this count, he is sentenced to suffer Simple Imprisonment for six months and to pay a fine of rs. 500/-, in default, to suffer further Simple Imprisonment for 15 days. It has been directed that both the sentences are to run concurrently and benefit of set off has been given to the accused.

(2.) THE brief facts of the prosecution case, were as under :

(3.) IN due course, the matter was committed to the Court of Sessions at Margao and charges came to be framed for offences punishable under sections 302 and 309 of IPC. In order to prove its case, the prosecution examined, in all, 10 witnesses. These included two eye witnesses i. e. PW. 5 nasreen Bhanu and PW. 1 Rameeza Shaikh. PW. 2 Cajeiviro D'souza was yet another witness who had arrived at the spot immediately after the assault. In fact, he was an eye witness to the subsequent act of the accused in trying to stab himself with the knife with which he had assaulted Salima. PW. 3 andrew Pereira was a the person who had also arrived and seen the accused stabbing himself. PW. 4 Hanif Shaikh was examined as a Panch to prove the scene of offence panchanama, which was duly proved and exhibited as exhibit-15. PW. 6 Mehboobi, who was the mother of Salima, was examined as a supporting witness. PW. 7 Dr. Kedar Raikar was examined to prove the injuries on the deceased and the accused. PW. 9 PSI Sanjay Dalvi and PW. 10 pi Mahesh Gaonkar, were the other witnesses examined by the Prosecution. Prosecution also produced certain other relevant documents such as postmortem report and chemical analysis report.