NASIR OSMAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeals are filed against judgment and order of Sessions Case No. 87/2009, which was pending in the Court of learned Additional Sessions Judge, Latur. The chargesheet was filed as against 50 persons. One accused, accused No. 34 Rahim Noormohammad Shaikh died during pendency of the case and the case against him was disposed of as abated. Accused No. 48 Yunuskha Salimkha Pathan was shown as absconding accused in the chargesheet and so, the case of remaining accused was separated and it was tried separately. After the decision of the Sessions Case, the matter as against accused No. 4 Firoz Rahimkha Pathan was sent to Juvenile Court after holding him guilty for the offence punishable under sections 302, 324, 149 etc. of Indian Penal Code (hereinafter referred to as 'IPC' for short) and under the Juvenile Justice (Care and Protection) Act, the learned Chief Judicial Magistrate, the Presiding Officer has directed Firoz Pathan to do some social work for the period of one year and pay some compensation to the legal heirs of the deceased. The learned Additional Sessions Judge has convicted accused No. 1 Nasir Osman Pathan, Accused No. 2 Basaroddin Kazi and accused No. 3 Shaikh Munir for the offence punishable under section 302 r/w. 149 of IPC and they are sentenced to suffer imprisonment for life. They are also convicted for the offence punishable under sections 324 r/w. 149, 504 r/w. 149 and sections 147 and 148 of IPC. Separate sentences are given by the learned Additional Sessions Judge for these offences.

(2.) Criminal Appeal No. 151/2017 is filed by Nasir Pathan, Basaroddin Kazi and Shaikh Munir, accused Nos. 1 to 3. Criminal Appeal No. 494/2018 is filed by the State and it is admitted by this Court as against 13 accused who are acquitted by the Trial Court. Leave was not granted by this Court to the State to file appeal against the remaining accused. Accused No. 3 Shaikh Munir from Criminal Appeal No. 151/17 filed separate appeal subsequently and it is numbered as Criminal Appeal No. 740/2018. All the sides are heard.

(3.) The facts leading to the institution of the appeals can be stated as follows :-