ATIKUL HABIBUL REHMAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are accused Nos.1 and 2 in Sessions Case No.33/2009 and 12/2010 decided on 26/4/2012 by Extra Joint Ad-hoc Additional Sessions Judge, Thane. Both have been convicted under section 302 read with 34 of IPC and sentenced to suffer life imprisonment. They are also found guilty under section 324 read with 34 of IPC but no separate sentence is awarded for it. Both accused persons have been given the benefit under section 428 of IPC.

(2.) The case of prosecution in short is deceased Baban was relative of complainant, a vegetable seller. One Harilal Yadav was murdered in the area. Complainant's sister by name Padma and her two sons were in jail in connection with this murder. This murder occurred on 23/8/2008 and accused No.2 Vishwas happens to be relative of Harilal. Accused No.1 resided infront of house of complainant Nanda Patole.

(3.) Nanda Patole witnessed accused persons catching hold of deceased and taking him infront of house of Baban in open space. Accused No.1 had wooden danda whereas accused No.2 had one iron pipe. Accused No.2 gave blow of iron pipe on head of deceased while accused No.1 gave blow of wooden danda on legs and on thigh of deceased. Accused No.2 was shouting allegedly to cut legs and hands of deceased. Accused gave blow of wooden danda on Baban's hand. Complainant in order to save his cousin fell on his body. She sustained injury on her back. Her sari was stained with blood. One person by name Shain present there also requested accused persons not to beat. Due to noise Alka and Anita i.e. two sisters of deceased Baban came out. They also saw both accused persons beating Baban. As Baban was seriously injured she with the help of Baban's sisters brought him to Shivaji Hospital, Kalwa where he was declared dead.