ABDUL RAIS ABDUL MUNAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. R. M. Daga, Adv. for the Appellants and Mrs. S. S. Wandile, Additional Public Prosecutor for the Respondent-State.

(2.) This Criminal Appeal is directed against the judgment and order dt. 13-5-2005 passed by the Additional Sessions Judge, khamgaon in the Sessions Case No. 32 of 2003, whereby the appellant Nos. l to 6 are convicted for the offences punishable under Sections 147, 302 read with Section 149 of the Indian Penal code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each having found guilty for the offence punishable under Section 302 read with Section 149 of the indian Penal Code. In default of payment of fine, the appellants are directed to suffer rigorous imprisonment for six months. Appellant No. 6 is acquitted of the offence punishable under section 148 of the Indian Penal Code. The appellant Nos. l to 6 are sentenced to suffer rigorous imprisonment for one year for the offence punishable u/s. 147 of the Indian Penal code. Similarly, appellant Nos. l to 5 are sentenced to suffer rigorous imprisonment for two years for the offence punishable under section 148 of the Indian Penal Code.

(3.) Prosecution case, in the nutshell, is as under : ataullakhan Abdullakhan was an agriculturist and at the relevant time, he was residing at village Chandurbiswa, Tq. Nandura. He has three brothers, Ziyaullakhan had seven sons; one of them was deceased Irfankhan. Complainant Javedkhan (PW 1) is the son of ataullakhan. It is the case of prosecution that ataullakhan had agreed to purchase agricultural land admeasuring six acres situated at village dighi, Tq. Nandura from Chandbaig Mirzabaig, resident of Kurla, Mumbai. The said land was already mortgaged with appellant No. 3 Abdul munaf by Chandbaig Mirzabaig for Rs. 20,000/-, out of which an amount of Rs. 10,000/- was paid by appellant No. 3 Abdul Munaf to chandbaig, Appellant Nos. l and 2 are sons of appellant No. 3 Abdul Munaf, whereas appellant no. 3 is brother of appellant Nos. 4 to 6. All the appellants are resident of Chandbiswa, Tq. Nandura.