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jt-cri-apeal-1150-08

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1150 OF 2008

Faruq Hasan Bagwan

Aged 30 years, Occ: Service

Residing at Shekhar Seth Ki Chawl,

Rethi Bunder, Kalyan (W),

.. Appellant

Vs.

The State of Maharashtra

.. Respondent

Ms. Naima Shaikh i/by Mr. Khan Abdul Wahab for appellant.

Mrs. S. D. Shinde, APP for State.

CORAM: P. V. HARDAS &

A. S. GADKARI, JJ.

FEBRUARY 04, 2014.

ORAL JUDGMENT [ Per P. V. Hardas, J.] :

1.

The appellant, who stands convicted for an offence punishable

under Section 302 of the IPC and sentenced to imprisonment for life and

to pay a fine of Rs.500/-, in default of which to undergo RI for 15 days, by

the Principal Judge, Greater Bombay, in Sessions Case No. 877 of 2002,

by judgment dated 29/08/2008, by this appeal questions the correctness of

his conviction and sentence.

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2.

Facts in brief as are necessary for the decision of this appeal

may briefly be stated thus:-

PW 6 – PSI Abhay Deulkar, who, on 30/5/2002, was attached

to the Oshiwara Police Station, received message from the Cooper

Hospital at about 7 a.m. about admission of one Farjana in the hospital

with history of having sustained injuries due to fall. Message further

communicated to PW 6 – PSI Deulkar that Farjana had succumbed to the

injuries and was declared dead on admission. An entry was accordingly

taken in the station diary and PW 6 – PSI Deulkar proceeded to the

hospital. In the presence of panch witnesses he drew the inquest

panchanama of the dead body of deceased Farjana at Exh. 18. In the

hospital, he met PW 1 – Aminabi and accordingly the report of PW 1 –

Aminabi was recorded at Exh. 22. The printed FIR is at Exh. 23. Further

investigation was then entrusted to API Bagwe after PW 6 PSI Deulkar

recorded the statement of PW 2 – Zebunissa.

PW 7 – PSI Sanjay Nimbalkar, who, on 7/6/2002, was

attached to the Oshiwara Police Station, was asked by the Senior PI

Kulkarni to take steps for arrest of the appellant. Accordingly, on 7/6/2002

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information was received that the appellant would be available at Tape

Dargah, Dhake Colony, Andheri (West). PW 7 – PSI Nimbalkar along with

PI Kulkarni and the other staff went to the place where the appellant was

expected. On seeing the police, the appellant attempted to flee, but was

apprehended and was arrested in the presence of panchas under arrest

panchanama at Exh. 26.

PW 9 – PI Deepak Bagwe, who was also attached to the

Oshiwara Police Station, took over the investigation of Crime No. 269 of

2002, which had been registered on the basis of the report of PW 1 –

Aminabi. He had accordingly gone to the scene of the incident and in the

presence of the panchas drawn the scene of the incident panchanama at

Exh. 31. from the scene of the incident, he had seized one iron rod, which

was found to be blood stained. He had also seized one mattress, one knife

and thereafter had gone to the crematorium and drew the samples of the

blood stain. In the open space there, he had noticed one blouse of pink

colour which was blood stained and pieces of waist belt. The aforesaid

articles were seized under the seizure memo at Exh. 31. The said articles,

however, were not produced during the trial. Further to the completion of

investigation, a charge-sheet against the appellant was submitted.

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Postmortem on the dead body of deceased Farjana was

conducted by PW 8 – Dr. Prakash Shinde, who noticed the following

external injuries:-

(1)

CLW over mid frontal region of size 5 x 1.5 cm. x bone

deep.

(2)

CLW with Rt parietald eminence of size 4 cm x 1 cm x

bone deep.

(3)

Multiple contusions over face both chick, chin. Cut

section of injuries shows blood infiltration.

(4)

Diffuse multiple contusions ov