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IN THE HIGH COURT OF BOMBAY
V.K. Tahilramani and Anuja Prabhudessai, JJ.
Maulali Mehboobsab Nadaf – Appellant
Versus
State of Maharashtra at the Instance of Jail Road Police Station, Solapur – Respondent
Criminal Appeal Nos. 753 & 765 of 2009
Decided On : 27-07-2016
Criminal Appeal - Offences under Section 143, 147, 148, 302, 307, 324, 336, 337, 435, 427 r/w. 149 of IPC, Section 135 of Bombay Police Act, and Section 3, 25 of Arms Act and Section 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act - The judgment discusses the evidence and submissions to establish the guilt of the accused, the nature of injuries, and the application of legal principles to determine the offences committed by the accused. The court analyzes the evidence, medical reports, and legal provisions to reach a decision on the guilt of the accused and their sentencing.
Fact of the Case:
The accused were tried for various offences including murder, assault, and causing damage to property. The incident involved a group of individuals being attacked by the accused resulting in injuries and the death of one individual. The prosecution presented evidence of the incident and the accused's involvement, while the defense raised issues of inconsistent witness testimony and lack of proof of the accused's identity and intent.
Finding of the Court:
The court found the accused guilty of various offences including murder, assault, and causing damage to property. The court analyzed the evidence, medical reports, and legal provisions to establish the guilt of the accused and determine their sentencing. The court also addressed the issues raised by the defense regarding witness testimony and lack of proof of the accused's identity and intent.
Issues: The key issues revolved around the identification of the accused, the nature of injuries inflicted, the intent of the accused, and the consistency of witness testimony. The court also addressed the application of legal principles to determine the guilt of the accused and their sentencing.
Ratio Decidendi: The court applied legal principles related to the nature of injuries, intent, and the identification of the accused to establish their guilt and determine the appropriate offences and sentencing. The court also considered the consistency of witness testimony and the application of legal provisions to the specific circumstances of the case.
Final Decision: The accused were acquitted of some offences, while the main accused was held guilty of murder and other related offences. The court determined the sentencing for the accused based on the established guilt for specific offences.
Anuja Prabhudessai, J.
1. The appellants in Criminal Appeal No. 765 of 2009 were the accused nos. 1, 2, 3, whereas the appellants in Criminal Appeal No. 753 of 2009 were accused nos. 4 to 12 in Sessions Case No. 168 of 2009 on the file of the Addl. Sessions Judge, Solapur (hereinafter referred to as accused, as arrayed before the trial court).
2. The accused were tried for the offences under Section 143, 147, 148, 302, 307, 324, 336, 337, 435, 427 r/w. 149 of the I.P.C. and under Section 135 of the Bombay Police Act, and Section 3, 25 of Arms Act and Section 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act.
3. By the impugned judgment dated 25.5.2009 the learned Adhoc Addl. Sessions Judge acquitted the accused for the offences under Sections 307, 324, r/w. 149 of IPC, 3, 25, 135 of Bombay Police Act and 3(1)(x) and 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 and held the accused guilty of offence under Sections 147, 148, 302, 323, 326, 336, 337, 427, 435 all r/w. 149 of IPC and sentenced them as under:
(i) to undergo rigorous imprisonment for one year and fine of Rs. 1000/- each i.d. imprisonment for three months for offence under Section 147 IPC.
(ii) Rigorous imprisonment for one year and fine of Rs. 1000/- each i.d. simple imprisonment for three months for offence under Section 148 of IPC.
(iii) Life imprisonment and fine of Rs. 1000/- each i.d. Simple imprisonment for three months for offence under Section 302 r/w. 149 IPC.
(iv) Rigorous imprisonment for one month and fine of Rs. 200/- each i.d. Simple imprisonment for 10 days for offence under Section 323 r/w. 149 IPC.
(v) Rigorous imprisonment for one month and fine of Rs. 200/- I.d. Simple imprisonment for 10 days for offence under Section 336 r/w. 149 of IPC.
(vi) Rigorous imprisonment for two months and fine of Rs. 500/- each i.d. Simple imprisonment for one month for offence under Section 337 r/w. 149 of IPC.
(vii) Rigorous imprisonment for one year and fine of Rs. 500/- each i.d. simple imprisonment for three months for offence under Section 435 r/w. 149 IPC and
(viii) Rigorous imprisonment for one year and fine of Rs. 500/- each for offence under Section 427 r/w. 149 of IPC.
4. Being aggrieved by the conviction and sentence the accused have preferred these appeals.
5. The case of the prosecution in brief is that on 8.5.2004 at about 8 p.m. the complainant Vinayak Khatal and his friends Vithal Gaikwad i.e. deceased, Balasaheb Sarvagod and others were proceeding from Panchsheel Nagar to Vadje Village to enquire about the assault on Dayanand, the brother-in-law of Vithal. Vinayak, Vitthal and Balasaheb were travelling by a motor cycle, whereas the others followed them by an auto-rickshaw bearing No. MWC 1528. When they reached near Hanuman temple at Village Dahitane, some boys of Muslim community from the said area started pelting stones at them, and as such they stopped at the place of the incident. Immediately thereafter the accused no. 1 rushed towards the complainant and gave a blow of knife on his left thigh. The accused no. 1 also tried to inflict a blow of knife on his abdomen, but the complainant avoided the same by putting his hand forward and in the process the complainant received an injury on his right palm. It is further alleged that the accused Munna Pathan also gave a blow of iron zari on the head of the complainant.
6. The accused no. 1. Yunus Nadaf took a sword which was in the hands of the other accused and stabbed Vithal Gaikwad, as a result, said Vithal Gaikwad sustained injuries and fell on the ground. The complainant and the other injured ran away from the spot to save their lives. The accused pelted stones at them while they were running away. Balasaheb Sarvagod and Shankar Bansode sustained injuries due to pelting of stones. The accused nos. 1 and 2 also damaged and burnt the motorcycle of Balasaheb.
7. The complainant and others went to Jodhbhavi Peth Pol
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