SHAIKH SHAKIL SHAIKH KHALIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these three Criminal Appeals are arising out of the judgment and order dated 30th March, 2013 passed by the Sessions Judge, Jalgaon in Sessions Case No.187 of 2009, thereby convicting the appellants for the offences punishable under Sections 302, 324 r/w. 34 of the Indian Penal Code. Therefore, these Appeals are heard together and being disposed of by the common judgment and order.

(2.) The prosecution case in nutshell is as under:

(3.) On getting down at Railway Station, Bhusawal, Pankaj started on foot ahead and Kesharlal and Mukesh were behind on bicycle. They were proceeding towards their house. At around 2.30 a.m., Pankaj was passing through the road in front of Shalimar Hotel near Amardeep Talkies in Jam Mohalla at Bhusawal. That time 56 persons sitting on Ota of Shalimar Hotel called Pankaj. He did not respond. It is contended that one of them abused Pankaj and asked him to stop. Then Pankaj stopped. Those persons called Pankaj so he went to them. One of those persons was tall, fair and wearing yellow shirt. He enquired from Pankaj which train has arrived. In reply, Pankaj stated it was a Surat Passenger. Those persons asked Pankaj where is he going. Pankaj told them that he is going to home. By that time, Kesharlal and Mukesh, who were behind on bicycle reached there. They got down from bicycle and then trio started walking so as to go to their home.