B.P. Dharmadhikari, J.

Total 9 persons were accused of offences under sections 302, 143,144,147,148, S.149 & S.120B IPC & 37(1)(a),135 of Bombay Police Act for killing one Hanif @ Allabakshish Allauddin Shaikh on 07/10/2008. Accused Nos. 1 to 8 were tried together & and vide impugned judgment & order dated 18.10.2010 passed by the Extra Joint Adhoc Additional Sessions Judge, C.R. No. 2, Sewree, Mumbai has in Sessions Trial 51 of 2010 convicted accused Nos.1 to 5 while accused Nos.6 to 8 have been acquitted. Acquittal of accused Nos.6 to 8 has not been challenged by the State or by any aggrieved before this Court. Similarly, accused No. 9 Zakir Hussain Abdul Mannan Shaikh who is stated to be the brain & principal behind the conspiracy was tried separately in Sessions Case 461 of 2013 & has been acquitted by the Sessions Judge, Greater Mumbai on 12/04/2016. This acquittal has also become final.

2. Appellants Nos.1, 2 & 4 are before this Court in Appeal 867/2010 while Appeal 957/2011 is by accused 3 & Appeal 967 of 2011 is preferred by accused no. 5.

3. It will be beneficial to note the effort of prosecution before the Trial Court as under:

One Doctor by name Mohd. Fahim Shaikh