BABAN @ JAVED NOORMAHAMAD MUNDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 8th December, 2011, passed by the Additional Sessions Judge, Islampur, Dist. Sangli in Sessions Case No.53 of 2009, thereby convicting the Appellant/Accused - Baban @ Javed Noormahamad Munde for the offence punishable under Section 302 of the Indian Penal Code [for short 'I.P. Code'] and sentencing him to suffer life imprisonment and to pay fine of Rs. 10,000/- in default of payment of fine amount to suffer Rigorous Imprisonment for the period of one year. The trial Court also convicted the Appellant/Accused - Baban @ Javed Noormahamad Munde for the offence punishable under Section 506 of the I.P. Code, no separate punishment is awarded for the said offence. Hence this Appeal is filed by the Appellant challenging the conviction and sentence.

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

(3.) On 23rd September 2009 at about 9.00 a.m while the complainant Jaibun and her nephew Jamir Musekhan Munde (son of her sister) and deceased Babalal were taking out seeds of maize corn in the courtyard of their house near cattle shed, at that time, the Accused approached them from house of his brother Allauddin Munde situated near their field. The Accused took tobacco from Babalal and put into mouth. Thereafter, the Accused raised quarrel with Babalal by asking him when they would transfer agricultural land standing in his name (in the name of Razaak) and further told that he wants that land. Hence, they (Babalal and Jaibun) tried to convince him. However, the Accused did not hear them and fetched wooden baton patti (wooden log) from heap of scrap behind Laxmi temple and gave blow with force on the head of Babalal by saying that now he will not be kept alive. (Tula Aata Jivant thevat Nahi) resulting into Babalal sustaining bleeding injury on his head and he fell on the ground. Even then the Accused gave 2-3 blows on shoulder of Babalal with same baton patti. Hence, Jaibun and her nephew Jamir got confused due to such incident which occurred suddenly and unexpectedly. When they tried to interfere by making shouts, that time the Accused came to them by shouting and giving threats that now you will not be let free, if they come forward they will be killed. Hence Jaibun and Jamir started to run from the spot. However, the Accused started to chase them with baton patti. Therefore, Jaibun and Jamir went on Sangli road and started shouting loudly. Therefore, persons present in nearby field rushed to them. On seeing the field owners, the Accused ran away through fields along with baton patti. Thereafter, Hussain son of Babalal was called by sending Jamir. Thereafter all three of them Jaibun, Jamir and Hussain went to Islampur police station and narrated the incident. The police gave yadi for medical treatment of Babalal. They came to the spot along with that yadi and found that Babalal was dead. Therefore, again Jaibun went to Islampur police station and filed complaint against the Accused. Accordingly at Islampur police station offences punishable under sections 302 and 506 of the Indian Penal Code came to be registered against the Accused.