STATE OF MAHARASHTRA Vs. MUNNA ABDUL SALAM SHAIKH

JUDGEMENT

(1.) THE respondent Munna Abdul Salam Shaikh was tried by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 542 of 1990 for an offence punishable under section 302, Indian Penal Code. The learned Judge acquitted him on the said count but found him guilty instead under section 304-A, Indian Penal Code and sentenced him to undergo R. I. for 2 years. Criminal Appeal No. 587 of 1993 has also been preferred by the State of Maharashtra challenging the acquittal of the respondent for the offence under section 302, Indian Penal Code. Criminal Appeal No. 588 of 1993 has also been preferred by the State of Maharashtra but with a prayer that the sentence of the respondent for the offence under section 304-A, Indian Penal Code, be enhanced.

(2.) IN short the prosecution case runs as follows : the informant Sandro Anthony Sequeira, P. W. 1 was a friend of the deceased Said Mozam. He also knew the respondent. On 8-4-1990 at about 9. 00 p. m. Sandro Sequeira left house and went to that of Said Mozam in Transit Camp Chawl No. 43 Bandra (West ). He met Said Mozam near his house while he was talking to a mechanic who was holding a bicycle. At about 9. 30 p. m. the respondent Munna Abdul Salam Shaikh came there and borrowed the bicycle from the mechanic. After some time the respondent returned the bicycle to the mechanic. He told Sandro and Mozam that he had hired a video and asked them to see the movie which was being shown on the video, in the open space between Mozams chawl and another chawl. At about 12. 30 a. m. Sandro and Mozam decided to avail of the offer given by the respondent. They went to the place where the video was being screened. Mozam brought a chair from his house on which he and Sandro sat. After some time the respondent came and asked them to move their chair as his view was being obstructed. Around 12. 45 a. m. Munna asked the respondent as to why he had asked him to move aside. Thereafter a fight ensued between Mozam and the respondent. Sandro intervened and separated them. Thereafter Sandro and Mozam walked towards the house of the latter. The respondent came there armed with a knife and challenged Mozam. On that Mozam took a T. V. antenna pole in his hand and thereafter a fight between him and the respondent commenced, opposite A-l Hilal building. Mozam tried to disarm the respondent who was carrying a knife. During the fight the respondent stabbed him with knife on the left side of his chest. Thereafter the respondent ran away.

(3.) APART from Sandro this incident was seen by Mohommed Yunus Mohd. Isaq Shaikh P. W. 4 and Ahsan @ Guddu Shadiq Ahmed Jaferry P. W. 5. It is also said that Mohammed alias Haidar P. W. 2 saw the respondent running away with a knife. The witnesses are said to have seen the incident in electric light.