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2021 Supreme(Bom) 334
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRASANNA B. VARALE, N.R. BORKAR, JJ.
Azim Mohammad Hanif Shaikh – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No. 1565 of 2018, Interim Application No. 981 of 2020
Decided On : 09-09-2021
Advocate Appeared:
For the Appellant : Mr. Veerdhawal Deshmukh.
For the Respondent: Mr. Arfan Sait.
Point of Law: Offence of Murder - Conviction upheld - Appellant who was armed with knife by giving knife blows on vital parts of body of victims, had knowledge of his act - Apart from medical evidence; prosecution has successfully brought evidence in form of version of eye witnesses.
Headnote:
Indian Penal Code, 1860 - Sections 302 and 307 - Code of Criminal Procedure, 1973 - Section 313 - Medical evidence - Abused - Knife on his chest and head - Appeal against conviction - Accused was neighbour of complainant PW-5 and was also in relation to him Accused is son-in-law of his wife’s sister - There was some quarrel between PW-5, his wife deceased. Brother of his wife Mohd. Farooq made an intervention and (PW-5) told him not to intervene in dispute of husband and wife. At that time, accused entered in scene and carried an impression that (PW-5) and other members of family, his wife and brother-in-law were abusing him. Then PW-5 informed him that it was a dispute between himself, his wife and brother-in-law. Then accused left spot.
Finding of the Court:
Evidence on record clearly show that Appellant on earlier day intervened in quarrel which took place between complainant and his wife initially and subsequently brother-in-law, complainant intervened but appellant was carrying grudge that complainant and his family was abusing him. On next day appellant reached to spot armed with knife and started abusing complainant and in spite complainant made an attempt to pacify appellant, appellant paid no heed and laid an attack on complainant. When wife of complainant intervened to save her husband from attack appellant gave knife blows to her also. Appellant was not satisfied with this and laid an attack on brother-in-law of complainant. Wife of complainant though was shifted to hospital, doctor declared her dead. Thus, it can safely be said that death of deceased wife of complainant was an instantaneous death caused due to the knife blows of appellant. Medical evidence brought on record also shows that at relevant time deceased was carrying three months pregnancy. Brother-in-law of complainant though was provided certain medical treatment but he also breathed last on same day - Court unable to accept submissions of learned Counsel for Appellant.
Result: Criminal Appeal is dismissed.
JUDGMENT :
PRASANNA B. VARALE, J.
1. This Criminal Appeal takes an exception to the judgment and order passed by the learned District Judge-9 and Additional Sessions Judge, Thane in Sessions Case no. 115/2013 whereby the Appellant-Original Accused who was charged for commission of offences punishable under Sections 302 and 307 of the Indian Penal Code (for short ‘IPC’) was convicted and awarded sentence for life imprisonment along with fine.
2. The case of prosecution as disclosed through the version of Mohd. Fayyaj Qureshi (PW-5) the complainant and injured victim is as follows:
Mohd. Fayyaj Qureshi was residing at the area namely, Kausa Market, Mumbra with his family consisting of his wife deceased Zakira and 6 children. The accused was neighbour of the complainant Mohd. Fayyaj and was also in relation to him. The accused is the son-in-law of his wife’s sister. On 18.01.2012 there was some quarrel between Mohd. Fayyaj Qureshi, his wife Zakira. Brother of his wife Mohd. Farooq made an intervention and Mohd. Fayyj Qureshi (PW-5) told him not to intervene in the dispute of husband and wife. At that time, the accused entered in the scene and carried an impression that Mohd. Fayyaj Qureshi (PW-5) and other members of family, his wife and brother-in-law were abusing him. Then Mohd. Fayyaj (PW-5) informed him that it was a dispute between himself, his wife and brother-in-law. Then accused left the spot.
On the next day i.e. 19.11.2012 at about 07.00 a.m. accused reached the house of Mohd. Fayyaj (PW-5) and raised a quarrel with him on the count that Mohd. Fayyaj (PW-5) and others abused him. Accused started abusing Mohd. Fayyaj (PW-5). Brother-in-law Mohd. Farooq tried to pacify and convince him. Accused who was armed with knife paid no heed to Mohd. Farooq, on the contrary, he laid an attack on Mohd. Farooq and assaulted Mohd. Farooq by knife on his chest and head. Then Zakira wife of Mohd. Fayyaj (PW-5) tried to intervene but the accused was not in a mood to stop and he assaulted wife of Mohd. Fayyaj (PW-5) Zakira by giving blows on her chest and stomach. When Mohd. Fayyaj (PW-5) made an attempt to intervene the accused gave blows of knife on his right hand. Then Mohd. Fayyaj (PW-5) who was having fear to his life ran away from the spot towards the police chowky and gave information in the policy chowky about the incident.
Meantime, people in the locality gathered on the spot. Injured Mohd. Farooq and Zakira were removed to the hospital. In the hospital, it was informed to them that Zakira was brought dead. Mohd. Farooq and Mohd. Fayyaj were provided medial treatment. Mohd. Farooq breathed last on the same day.
3. Bajirao Barkale (PW-12) who was discharging his duty as Bit Marshal in Kaus area in the intervening night of 18.11.2012 and 19.11.2012 was approached by Mohd. Fayyaj (PW-5) who had rushed in the police chowky. Mohd. Fayyaj gave information to Bajirao Barkale (PW-12) about the attack on his wife and his brother-in-law laid by the accused. Bajirao Barkale (PW-12) forwarded information to Mumbra Police Station on phone and he along with police constable Tayade rushed to the spot considering urgency involved in the matter.
Prakash Patil (PW-14) who was attached to Mumbra police station as police inspector at the relevant time on receipt of information rushed to Chatrapati Shivaji Maharaj Hospital, Kalwa where the injured Mohd. Fayyaj was admitted. Prakash Patil (PW-14) made an inquiry with injured Mohd. Fayyaj (PW-5) and the complaint of Mohd. Fayyaj was reduced in writing. The said complaint was carried to police station and on the basis of the complaint Crime No. 715/2012 was registered for commission of offence under Section 307 and 302 of IPC against accused. Under the direction of his senior Prakash Patil (PW-14) took the steps in the investigation such as, recording the statement of witnesses, drawing various panchnama, seizure of certain material. The seized material was then forwarded for C.A.
4. On completion of the investi
