MOHD. HANIF S/O MOHD. HABIB Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Mohd. Hanif S/O Mohd. Habib
STATE OF MAHARASHTRA
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B.R.GAVAI, J. -
(1.) The appellants by way of these two appeals have approached this Court being aggrieved by the judgment and order passed by the learned Sessions Judge, Akola dated 8.6.2016 in Sessions Trial Nos. 144/12 and 233/14, thereby convicting them for the offences punishable under Sections 143, 144, 147, 148 and 324 read with Section 149 and Section 302 read with Section 149 of the Indian Penal Code. In so far as the offences under Sections 143 and 144 of the Indian Penal Code are concerned, the learned trial Judge has not given separate sentence for Section 143 and the accused have been sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/- and in default to suffer further R.I. for two months. In so far as offences under Sections 147 and 148 are concerned, no separate punishment is imposed for Section 147 of the Indian Penal Code. The accused have been sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.500/- and in default to suffer undergo R.I. for two months. In so far as the offences under Section 324 read with Section 149 of the Indian Penal Code are concerned, the accused have been sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default to suffer further R.I. for two months. In so far as the offence under Section 302 read with Section 149 of the Indian Penal Code are concerned, the accused have been sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- and in default to suffer further R.I. for one year. No separate punishment is given for the offence punishable under Section 120-B read with Section 149 of the Indian Penal Code. The accused persons Mohd. Ansar s/o Mohd. Habib and Mohd. Irfan @ Kaloo s/o Mohd. Kasam are convicted for the offence under Section 4 punishable under Section 25 of the Arms Act and are sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- each and in default to undergo further R.I. for two months.
(2.) The prosecution case as could be gathered from the material placed on record is thus :-
One Mohd. Irshad s/o Mohd. Ayub is unfortunate victim deceased in the present case. It is the prosecution case that PW.5 Mohd. Wasim Mohd. Akram had taken a loan of Rs.40,000/- from Mohd. Munaf s/o Mohd. Habib (accused no.1 in Sessions Trial No. 144/12) on interest of 15% per month. He was required to pay Rs.6000/- per month as interest and he was required to return an amount of Rs.40,000/- as principal amount. However, he was in arrears of interest for the month of May, 2012. Accused no.1 Mohd. Munaf had come to his house. He demanded interest and the principal amount from him. He said that he was not having money, thereupon he abused him and took away the laptop of Dell company and told him that unless he would give him interest, he would not give him the laptop. It is the prosecution case that thereafter he was persistently demanding money from PW.5 Mohd. Wasim. At one point of time, he had also snatched keys of his motor-cycle and taken the vehicle with him. At that time, his wife was admitted in the hospital for delivery. The wife of PW.5 Wasim was discharged from the hospital and then he went back to his home. Deceased Mohd. Irshad who was his cousin had come along with his wife and children to see his wife. At that time, the accused no.1 Mohd. Munaf had come to his house with another person. He had demanded interest of two months and the principal amount. At that time, accused no.1 Mohd. Munaf had abused him loudly. After hearing the noise, Mohd. Irshad came out of the house. Mohd. Irshad enquired as to what had happened. He told him about what had happened. At that time, Mohd. Irshad persuaded accused Mohd. Munaf and told him that till 12th he will ask PW.5 Mohd. Wasim to return back the money to him.
(3.) On 12th July at around 7.30 p.m. Mohd. Irshad had come to the house of PW.5. His mother had collected amount of Rs.45,000/- from relatives and gave the amount to him. Then he had taken the vehicle of Unicorn model from his brother bearing no. MH-30/AB- 7800. He was driving the vehicle and Mohd. Irshad was pillion rider. He had gone towards Subhash chowk via Akot bus stand. On the square, he saw his cousin brother (real brother of Mohd. Irshad) Mohd. Ejaz PW.3 standing there. Mohd. Irshad had asked him to stop the vehicle there. He told Mohd. Ejaz as to why he was standing there and asked him to return back to home. Then he had taken his vehicle ahead on the road. When they reached near the mobile shop of accused Mohd. Munaf at Hashamseth library, they saw that Mohd. Munaf, his brothers and nephews were standing there. They abused him. Deceased Irshad told accused no.1 Mohd. Munaf that he had brought amount of Rs.45,000/- to return back to him. Thereafter Mohd. Munaf started abusing Mohd. Irshad also in loud noise. Mohd. Munaf told Mohd. Irshad that he required Rs.75,000/-. Thereupon, there was altercation between them. PW.5 Wasim was pushed down. He went towards Hashamseth library and stood there. Thereafter all the accused persons assaulted the deceased. The witness ran away.;
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