TAHER MAHEBOOB SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are filed to challenge the judgment and order of Sessions Case No.19/2013 which was pending in the Court of learned Additional Sessions Judge, Omerga, District Osmanabad. The appellants of all the appeals are convicted and sentenced for the offences punishable under sections 302,307,149 of the Indian Penal Code and sections 143, 147, 148 of the Indian Penal Code. Sentence of imprisonment for life is given to them and fine is also imposed by the trial court. Criminal Appeal No.379/2015 is filed by accused No.1 (Sayyad Pathan), Criminal Appeal No.720/2018 is filed by accused No.7 (Rashid Pathan), Criminal Appeal No.360/2015 is filed by accused No.11 (Taher Shaikh) and Criminal Appeal No.390/2015 is filed by accused Nos.6 and 9 (Mustafa Mogarge and Siraj Mattu Pathan). Original accused Nos.2 to 5 and 8 and 10 are acquitted by the trial court when there was charge against them for the aforesaid offences. Both the sides are head.

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

(3.) The informant Amar Yamgar is a real brother of deceased Kishore. The informant and the deceased were living with their parents and other members of the family in village Pethsangvi, Tahsil Omerga at the relevant time. The incident in question took place on 1-10-2012 after 7.00 p.m. As per the case of the prosecution, there is some structure like Katta in the vicinity of the house of the deceased and there some of the accused persons had gathered and they were creating noise. As the lady members of the family of the deceased were present outside of the house, uncle of the deceased by name Prabhakar asked the accused to leave that place.