Daud Khan S/o Habib Khan Pathan VS State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ABHAY S. WAGHWASE
Daud Khan S/o Habib Khan Pathan – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
Advocate Appeared:
For the Appellant : S.G. Ladda
For the Respondent: K.K. Naik

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. In this appeal, there is challenge to the judgment and order of conviction dated 30.03.2005 recorded by learned 1st Adhoc Additional Sessions Judge, Aurangabad, holding appellant guilty of offence under Section 344 of the Code of Criminal Procedure [Cr.P.C.].

CASE IN BRIEF IS AS UNDER

2. On charge of commission of offence under Section 302 r/w 34 of the Indian Penal Code [IPC] and in the alternative, for offence under Sections 147, 302 r/w 149 of IPC, four accused namely, Mukhtar, Rafiqkhan, Shakirkhan, and Rahamatkhan were made to face trial before learned 1st Adhoc Additional Sessions Judge, Aurangabad vide Sessions Case No. 16 of 2005. At trial, prosecution examined as many as 10 witnesses and also sought reliance on documentary evidence. After analyzing the oral and documentary evidence, learned trial Judge, by judgment and order dated 30.03.2005, acquitted all four accused from above charges. However, by same order, informant-present appellant Daud Khan was held guilty for commission of offence under Section 344 of Cr.P.C. and sentenced to suffer simple imprisonment for two months and to pay fine of Rs.200/-, in default to suffer simple imprison