Shaikh Naser S/o. Shaikh Abdul Wahed Patel vs State Of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 813

S. G. MEHARE
Shaikh Naser S/o. Shaikh Abdul Wahed Patel – Appellant
Versus
State Of Maharashtra – Respondent

Advocates Appeared:
For the Petitioner: Mr. V. D. Sapkal, Mr. S. S. Kazi.
For the Respondent: Mr. G. O. Wattamwar, Mr. Govind A. Kulkarni.

JUDGMENT :

1. Heard the learned senior counsel Mr. Sapkal for the Applicant and the learned APP along with Mr. Kulkarni assisting the learned APP for the respondent-State at length.

2. The Applicant is an Advocate is arraigned as an accused in Crime No.28 of 2022 for the offences punishable under Sections 302, 143, 147, 148 and 149 of the I.P.C. It has been alleged that on 15.01.2022, at about 9.00 p.m., the deceased left home to attend the birthday ceremony of his friend on a bullet. His phone was replying as switched off. Therefore, the first informant went to search for him. He found him in front of a pan shop smoking cigarettes. At that time, all accused rushed to the deceased. One co-accused Taleb Sultan Chaus stabbed the deceased with a knife, and the other co-accused have also stabbed him and beat him with kicks and blows. The applicant was one of the accused amongst them. He was seen on the scene of the occurrence and stabbed the deceased. The deceased succumbed to the injuries caused to him by the accused.

3. The learned senior counsel would submit that one Shaikh Yunus Shaikh Sikandar Patel and his brother Shaikh Zakir assaulted the accused with the intent to kill him. In t

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