ABDUL MUKIM UMAR ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants original accused Nos. 1 to 3 have preferred these appeals. For the sake of convenience, the appellants will be referred to as "accused Nos. 1 to 3" as per their status during the trial. Through Appeal No. 118 of 2004, the appellant-Abdul Mukim Umar Ansari (original accused No. 1) , through Appeal no. 1358 of 2003, the appellant-Mohd. Salim @ pappu Umar Ansari (Original Accused No. 2) and through Appeal No. 1565 of 2003, the appellant Sanawar Badraf Hasan Ansari (Original accused No. 3) have challenged the judgment and order dated 22nd July, 2003 passed by the learned Additional Sessions Judge, greater Bombay in Sessions Case No. 333 of 2000. By the said judgment and order, the learned Sessions Judge convicted all the three appellants i. e. original accused Nos. 1 to 3 for the offence under Section 302 r. w. 34 of IPC and Section 450 r. w. 34 of IPC. For the offence under Section 302 r. w. 34 of IPC, all the appellants were sentenced to life imprisonment and to pay a fine of Rs. 1000/- in default R. I. for three months. For the offence under Section 450 r. w. 34 of IPC, all the appellants were sentenced to R. I. for two years and fine of rs. 1,000/- in default R. I. for three months.

(2.) The prosecution case briefly stated is as under :

(3.) At about 3 p. m. accused no. 1 came to the shop of Fakruddin (deceased) along with accused No. 2 and accused No. 3. All the three accused were known to the complainant koshar. All the three accused persons entered into the shop of Fakruddin. Accused Nos. 2 and 3 caught hold of the arms of Fakruddin. Thereafter, accused No. l assaulted Fakruddin on the chest by means of a "farshi" (Article no. 4) i. e. weapon which looks like a screwdriver. Thereafter, the accused persons ran away. The complainant P. W. 1 Koshar took his father Fakruddin to the hospital. Fakruddin was declared dead on arrival. The body of Fakruddin was sent for post mortem. During the post mortem examination, one injury i. e. a single penetrating stab injury with square end on the right fourth inter costal space 1. 2 cm. from the right mid clavicle line, measuring 0. 7 cm. x 0. 3 cm. , Cavity Deep and directed backwards and to the middle was found. The said injury was above the nipple towards right side on the chest. Following internal injuries were noticed :