JAVED RASHID TAMBOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was accused No.1 before the trial Court, being charged for an offence punishable under Section 302 read with 34 of I.P.C. along with his brother Salim Tamboli. The trial Court by judgment and order acquitted his brother Salim Tamboli, but convicted the Appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine of Rs.200/-, in default to suffer R.I. for 15 days.

(2.) The case of the prosecution was that the Appellant along with Salim Tamboli, on 30th September, 2004 at about 10.00 p.m. near Government water tap of Eastern side of Ichalkaranji Nagar Palika in Lal Nagar area, individually or jointly in furtherance of common intention of both caused the death of Dhanaji Bhise aged about 19 years by giving sword blow.

(3.) At the hearing of this appeal on behalf of the Appellant learned Counsel submits that considering the evidence of P.W.1 and P.W.5 who are supposed to be eye witnesses it is apparent that they are put up witnesses on account of the political connections of the deceased. It is further submitted that the Panchanama of recovery of knife as also clothes suffers from various defects and as such that evidence ought not to be entertained. It is also submitted that in the absence of the clothes and the knife being sealed the C.A. report also ought not to be considered. It is, therefore, submitted that the appellant be acquitted and his conviction and sentence be set aside.