GUFRAN AHMAD NOUSHAD AALAM @ NADAN Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Gufran Ahmad Noushad Aalam @ Nadan
STATE OF MAHARASHTRA
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B. R. Gavai, J. -
(1.) The Appellants have approached this Court being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.846 of 2007, thereby convicting the Appellants for the offence punishable under Section 302 r/w 149 of the Indian Penal Code ("IPC" for short) and sentencing them to undergo imprisonment for life and to pay a fine of Rs.2000/- each, in default to pay a fine to undergo imprisonment for three months. The Appellants have also been convicted for the offence punishable under Section 143 of the IPC and sentenced to suffer imprisonment for six months. The Appellants have also been convicted for the offence punishable under Section 144 of the IPC and sentenced to undergo imprisonment for one year. The Appellants have also been convicted for the offence punishable under Section 147 of the IPC and sentenced to undergo imprisonment for one year. The Appellants have further been convicted under Section 148 of the IPC and sentenced to undergo imprisonment for two years.
(2.) The prosecution case in brief as could be gathered from the material on record is thus :
The first informant PW1 Smt. Gulzarun Amir Khan used to treat deceased Yogesh Rana as her son. Deceased Yogesh Rana used to reside with PW1 Smt. Gulzarun Khan and her sons at Mumtaj Chawl, near Ashok Cable Co., Pathanwadi, Filterpada, Aarey Road, Powai Mumbai. At the relevant time, the husband of PW1 was imprisoned.
(3.) It is the prosecution case that on the date of incident i.e. on 30th July 2007 at about 10.00 a.m. when Yogesh Rana and she were in home alongwith her son Arbaz, Yogesh Rana informed her that he was not keeping well, therefore, she alongwith her son Arbaz had taken Yogesh Rana to a doctor, whose dispensary was situated at Bus Stop No.320. After taking treatment, deceased as well as herself were returning back to their house. When she reached at Ashok Katial Company, the Accused No.4 came running from their backside and caught hold of Yogesh Rana by putting his hand around his neck and dealt blow by means of chopper by the other hand in the chest of Yogesh Rana and had moved him around and then one person namely Kaifi came there and assaulted Yogesh Rana by chopper on his eye. Thereafter Accused No.1 by means of chopper dealt blow on the backside of head of Yogesh Rana. Accused No.2 assaulted by means of chopper on the back portion of neck of Yogesh Rana. Accused No.3 assaulted Yogesh Rana by means of chopper over his head and body and Accused No.5 assaulted Yogesh Rana by means of iron bar on his hands and legs. There were around 5 to 6 persons who assaulted her son by means of iron bar, who were not acquainted to her and she did not know their names. Thereafter Accused No.2 had caused Yogesh Rana to fall on the ground. Thereafter she raised shout and attracted public for help. Thereafter Shabnam PW2 came on the spot and she informed the Police on Phone No.100, whereupon police arrived on the spot. Yogesh Rana was carried by the Police to Rajawadi hospital. Thereafter she went to Powai Police Station and lodged oral report, which was reduced in writing by PSO as per her say.;
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