SAYEED RAHMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Three brothers namely Sayeed Rahaman, Sayeed Rahim and Sayeed Najir faced trial for offence punishable under section 307 read with section 34 of the Indian Penal Code (" IPC " for short) and section 498-A read with section 34 of the IPC. By judgment and order dated 11.02.2003 rendered by the Additional Sessions Judge, Amravati in Sessions Trial 327 of 1997 all the three accused are acquitted of offence under section 498-A of IPC. Accused Sayeed Rahim and Sayeed Najir are also acquitted of offence under section 307 of the IPC and the present appellant Sayeed Rahaman is convicted for offence punishable under section 307 of the IPC and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs. 1,000/-. It is this judgment and order which is impugned herein.

(2.) Prosecution case:

(3.) The submission of the learned counsel for the accused Shri Ranjit Bhuibhar is that the evidence on record would suggest that the FIR is fabricated and the edifice of prosecution case which is constructed on the FIR necessarily crumbles. Further submission is that the evidence of the prosecution witnesses is marred by material omissions partaking the nature of contradiction, inter-se inconsistencies and embellishments. Per contra, the learned Additional Public Prosecution Shri N.H. Joshi would support the judgment and order impugned.