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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 5 OF 1990 Abdul Rasheed s/o Abdul Gani Qureshi, Age : 56 yrs, Occ. Business, R/o. Labour Colony, HIG Colony, Nanded, Tq & Dist. Nanded. …Rev. Petitioner Versus

1. Khalil Pasha s/o Shaikh Bashir Age 30 yrs, Occu. Labourer, R/o Labour Colony, Nanded.

2. Shaikh Bashir s/o Sk. Maheboob Age 45 yrs, Occu. Mill Servant R/o As above.

3. Maheboobali Khan s/o Akbarali Khan Age 40 yrs, Occu. Kiran Shop, R/o Labour Colony, Nanded.

4. Sk. Aleem s/o Sk. Bashir Age 19 yrs, Occu. Wireman R/o Labour Colony, Nanded.

5. Rahim Nabi Patel Age 19 yrs, Occu Flour Mill, R/o Badegaon, Tq. Bhokar, Dist. Nanded.

6. Khaja Pasha s/o Sk. Bashir Age 30 yrs, Occu. Electric Wireman, R/o. Labour Colony, Nanded.

7. The State of Maharashtra ...Respondents.

…

Mr. Zia-ul-Mustafa & Mr. Taher Ali Quadri, Advocate for the petitioner.

Mr. Anant R. Devakate, Advocate for respondent nos.1, 5 & 6.

Mr. Anil M. Gaikwad, Advocate for respondent nos.2 & 4.

Mr. S.B. Narwade, APP for the State.

...

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CORAM : S.G. MEHARE, J.

RESERVED ON : 12th OCTOBER, 2022 PRONOUNCED ON : 16th DECEMBER, 2022 JUDGMENT :-

1. Being aggrieved by the Judgment of acquittal passed by the learned Additional Sessions Judge, Nanded, in Sessions Case No.106 of 1998 for the offences punishable under Section 147, 148, 302 read with 34 of the Indian Penal Code dated 27.09.1989, the complainant has preferred this revision under Section 401 of the Criminal Procedure Code.

2. Heard the learned counsels for the petitioner/complainant and respondents/accused after the remand of the case from the Hon'ble Supreme Court.

3. The facts of the case, in brief, were that the deceased was the son of the complainant. It was alleged against the accused that on 14.2.1988 at about 8.30 p,m. at Labour Colony Nanded, they beat the deceased with kicks and blows. Accused no. 2 Sk Bahsir Sk. Mehboob held the deceased from behind and accused no.4 Sk. Alim Sk. Bashir beat the deceased on his chest and left arm with the iron punch. The eyewitness witnessed the blood oozing from his chest and arm. After the assault, the accused fled to a labour colony. The deceased ran towards the Fire brigade station and fell into the mud. P.W. 3, the (3)

eyewitness, intimated the incident to the family of the deceased. Then in a short time, P.W. 10, Firoz Abdul Gani, the brother of the deceased, reached the spot of the incident. P.W. 3 Moinuddin Isamudding and P.W. 4 Sayyad Jamil were present there. They picked up the deceased and kept him in the autorickshaw. P.W.10 Firoz took him to the Government Hospital. On the way to the hospital, the deceased narrated the incident to him. P.W. 5 Abdul Gani Sk. Mehboob, the father of the deceased, went to the hospital. The deceased narrated the incident to him. During treatment, he died between 11 to 11.30 pm on the same day. P.W.5 Abdul Gani lodged the report to the police station at 3 to 3.30 a,m. The Police registered the crime against the accused and put the wheel of the investigation into motion. After completing the investigation, the Investigation Officer submitted the investigation completion report under section 173 of Cr.P.C. against the accused.

4. The prosecution has examined twelve witnesses in all as follows, (i) P.W.3 Moinuddin Isamuddin, P.W. 4 Sayyad Jamil Sayyad Aziz, and P.W. 8 Altaf Hussain Haji Gulam Ahmad as eyewitnesses.

(ii) P.W. 5 Abdul Gani Sk Mehboob and P.W. 10 Firoz Abdul Gani, the father, and brother of the deceased, as witnesses on the oral dying declaration.

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(iii) P.W. 1 Dr. Munjajirao Vithhalrao Mohite, Medical Officer, attended to the deceased first and performed the autopsy.

(iv) P.W. 11 Dr. Mohammad Jeelani Mohammad Khaja, Medical Officer, treated the deceased.

(v) P.W. 2 Aleem Khan Jaleel Khan Panch witness on the scene of occurrence.

(vi) P.W. 9 Abdul Moinoddin Sk Abdul Panch witness on weapon recovery under section 27 of Indian Evidence Act from accused no. 4.

(vii) P.W.12 Uttam Lahanu Chaban,