SHAIKH KALAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25.10.2010 passed by the Additional Sessions Judge-2 at Jalna, in Sessions Case No. 143 of 2009, convicting the appellant, who was the sole accused in the said case, of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-.

(2.) The prosecution case can be best stated from the 'brief facts of the case', as mentioned in column no.15 of the printed prescribed proforma of the charge sheet/Final Report. It is as follows : That, on 03.06.2009, the accused and one Shaikh Sattar S/o Shaikh Sardar (the deceased) left Aurangabad by a vehicle bearing no. MH-20 AA-8955 belonging to Sarda Logistic Company for going to Vijaywada, Andra Pradesh. The said vehicle was a Container, carrying Refrigerators of Videocon Company. The accused was driving the said vehicle. Even the deceased Shaikh Sattar was a driver. For some time, the accused was to drive the said vehicle and for some time, said Shaikh Sattar was to drive it. At about 1.45 a.m. on 04.06.2009, the accused was sleeping in the cabin of the said vehicle, which had been parked on the road at Mantha. He was woken up by the Police. The dead body of Shaikh Sattar was lying on the road near the said vehicle which had been noticed by the Police. When questioned by the Police, the appellant stated that he had been sleeping in the Container and that, said Shaikh Sattar was driving the same and that, he did not know when the vehicle came at Mantha and when it was stopped. As such, he did not know what had happened to Shaikh Sattar. The accused however identified the dead body as that of Shaikh Sattar. The dead body was fully naked. There were injuries on the dead body and more particularly, there was a very serious injury on the head of dead body. The underwear and the pant of said Shaikh Sattar had been lying by the side of naked dead body. The accused lodged a report with the Police, on the basis of which, the crime was registered and investigation commenced.

(3.) In the course of investigation, statements of Shaikh Sardar-father of deceased Shaikh Sattar-and two brothers of Shaikh Sattar were recorded. It was learnt from them that about two months prior to the incident, a quarrel had taken place between the accused and the deceased; and that, during that quarrel, the accused had threatened to kill Shaikh Sattar. It was also revealed that the accused had urged said Shaikh Sattar to accompany him to Vijaywada, in the said Container vehicle. Father and brothers of Shaikh Sattar, therefore, expressed suspicion against the accused, and as such, the accused came to be arrested.