HAROON MAHATAB JAMADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH Criminal Appeal No. 601 of 1995, the appellants (Haroon Mahatab Jamadar, Mahatab Ibrahim Jamadar, Sharifa Mahatab Jamadar, Ibrahim Mahatab Jamadar, Ismail Mahatab Jamadar, and Nehru @ Jawarddin Mahatab Jamadar) have challenged the judgment and order dated 22-9-1995, passed by the IVth Additional Sessions Judge, Solapur, in Sessions Case No. 110 of 1995, whereby they have been convicted and sentenced to undergo imprisonment for life, for the offence punishable under section 302 read with section 34 I. P. C. Through the said appeal, appellant-Sharifa Mahatab Jamadar has also challenged her conviction and sentence of three months R. I. and fine of Rs. 100/- in default, 15 days R. I. for offence under section 506 (ii) I. P. C. The substantive sentences of Sharifa Mahatab Jamadar have been directed to run concurrently. Criminal Application No. 3684 of 1995 has been preferred for bail by the appellants Ibrahim Mahatab Jamadar, Ismail Mahatab Jamadar and Nehru @ Jawarddin Mahatab Jamadar. Since, we are finally disposing of Criminal Appeal No. 601 of 1995, we reject Criminal Application No. 3684 of 1998.

(2.) IN short, the prosecution case runs as under :-

(3.) THE investigation was conducted in the usual manner by P. S. I. Nagnath Gaikwad. At about 10. 30 to 11 a. m. same day, he visited the place of the incident; performed the inquest on the corpse of the deceased; and sent it for autopsy. He then prepared the panchanama of the scene of the offence. Evidence of P. S. I. Nagnath Gaikwad P. W. 9 shows that same day at about 4. 30 p. m. Salima Jamadar P. W. 6, mother of the deceased Noor Jahan, lodged an F. I. R. at North Akkalkot Police Station. On the basis of the said F. I. R. a case under section 302/498a read with section 34 I. P. C. was registered, against the appellants. It is pertinent to mention that same day (19-3-1995) in the afternoon, P. S. I. Gaikwad interrogated the solitary eye-witness of the incident Ashrafbi Jamadar P. W. 3 and on 24-3-1995, got her statement under section 164 Cr. P. C. recorded by the Special Judicial Magistrate, Solapur. On 28-4-1995, after completing the investigation, P. S. I. Gaikwad submitted the charge sheet against the appellants.