RIZWAN FAROOQ SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The frst appeal bearing Criminal Appeal No. 223/2019 is fled by accused Nos. 1 and 2 of Sessions Case No. 24/2010, which was pending in the Court of learned Ad-hoc Additional Sessions Judge, Shrirampur, District Ahmednagar. The Trial Court has convicted and sentenced these accused/appellants for the ofences punishable under section 302 r/w. 120-B etc. of Indian Penal Code (hereinafter referred to as 'I.P.C.' for short) and also for the ofences punishable under sections 3, 5 r/w. 25 of Arms Act. The sentence of imprisonment of life is given and fne amount of Rs.10,000/- is imposed on each of them. Criminal Appeal No. 616/2018 is fled by the State against accused No. 3 Juber Ashpak Shaikh and accused No. 4 Abdul @ Bhaiyya Abbaskhan Pathan as they are acquitted of the aforesaid ofences. Criminal Appeal No. 617/2018 is fled by the informant against accused Nos. 3 and 4 to challenge the acquittal given to them. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeals can be stated as follows :-

(3.) At about 11.30 p.m. of 8.1.2019 deceased Ayub came to the hand cart of Manoj and he sat on the bench kept by Manoj. The deceased started applying tobacco powder (Mishri) to his teeth. After some time he asked Manoj to give a glass of water to rinse the mouth. In the meantime, Iqbal Memon, another person, who was also known to both Manoj and Ayub came there and there was some talk between Iqbal and the deceased. After that the deceased rose from the bench to rinse mouth. Within no time, two motorcycles came from Gondhavani road towards the hand cart. There were three persons on one motorcycle and there were two persons on second motorcycle. These motorcycles stopped near the stall of Manoj.