Firoz Khan Akbarkhan vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 528

ABHAY S. OKA, AHSANUDDIN AMANULLAH, AUGUSTINE GEORGE MASIH
Firoz Khan Akbarkhan – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
For the Appellant(s) : Ms. Nidhi, AOR
For the Respondent(s): Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Sourav Singh, Adv.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

Heard learned senior counsel/counsel for the parties.

2. The present appeal assails the Final Judgment and Order dated 26.07.2012 (hereinafter referred to as the ‘Impugned Judgment’) passed by a learned Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur (hereinafter referred to as the ‘High Court’) in Criminal Appeal No.92 of 2008, whereby the appeal filed by the appellant was dismissed and Judgment dated 23.11.2007 passed by the Adhoc District Judge-3 and Additional Sessions Judge, Amravati (hereinafter referred to as the ‘Trial Court’) in Sessions Trial No.143 of 2005, was upheld. Aggrieved, the appellant is before this Court.

THE FACTUAL MATRIX:

3. The appellant (accused no.1) and two other co-accused (accused no.2/Md. Jakaria and accused no.3/Kalimkhan)¹[There is some inconsistency as far as the spellings of the names of the accused and witnesses are concerned, with slight variations in different record. However, these inconsistencies are irrelevant for the purposes of the present adjudication as the identities of the persons concerned is not in the realm of dispute.] were prosecuted for offences punishable under Sectio