APPUKHAN @ SHAFIQ KHAN S/O RAFIQ KHAN Vs. STATE OF MAHARASHTRA, THROUGH P S O , POLICE STATION, KUHI, DISTRICT NAGPUR

JUDGEMENT

(1.) Criminal Appeal No.61 of 2017 is filed by appellant Appukhan @ Shafiq Khan s/o. Rafiq Khan (Original accused no.1) and Criminal Appeal No.210 of 2017 is filed by appellant Mohd. Ayyub Sheikh s/o. Mohd. Yusuf Sheikh (Original accused no.2) assailing the Judgment in Sessions Trial No.373 of 2011, dt.31.1.2017 whereby they are convicted by the Additional Sessions Judge at Nagpur for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life each and to pay a fine of Rs.5, 000/ each, in default to suffer simple imprisonment for six months each. Both the appellants are acquitted of the offence punishable under Section 324 r/w. 34 of the Indian Penal Code.

(2.) The case of prosecution against the appellants summarized as under :

(3.) Accused Appu was sitting on the bench near pan kiosk. Appu intervened in their talk. There was quarrel between accused Appu and all those persons. Accused Appu taken out one wooden plank and beat Ankush. Rupesh came out of pan kiosk and tried to pacify the quarrel. Accused Appu gave call to accused Mohd. Ayub. Accused Mohd. Ayub came with a knife and gave a blow on the chest of deceased. Deceased Rajesh fell down. His brother Ankush and others taken him to Government Medical hospital, Nagpur. He was declared dead. In the night, at about 1.30 a.m., Ankush went to Police Station, Kuhi and lodged oral report.