A.S. Gadkari, J. - (1.) The Appellant has impugned the Judgment and Order dated 22nd September, 2011 passed by the learned Second Additional Principal Judge, City Sessions Fast-Track Court, Sewree, Mumbai in Sessions Case No. 541 of 2010, convicting the Appellant under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- in default of payment to suffer further rigorous imprisonment for one month.
(2.) Heard Ms. Payoshi Roy I/by Dr. Y. M. Chaudhary for the Appellant and Mr. J.P. Yagnik, the learned APP for the RespondentState. Perused the entire record.
(3.) Shorn off unnecessary details, the prosecution case in brief is that, the Appellant was residing on the fifth floor of the Sai CoOperative Housing Society, Hiranandani Akruti, Lallubhai Compound, Mumbai. The first informant Smt. Rahma Khatun Hakim Shaikh (P.W. No. 1), the mother of Yusuf Shaikh (deceased) was residing on the fourth floor of the same building. The incident in question took place on 20th May, 2010 at about 23.45 hours (11.45 p.m.) in front of the said building. On that day, there was quarrel between son of the first informant namely Yusuf (deceased) and his wife Nasima. The deceased thereafter, went down the stairs and sat in an Auto-rickshaw. Smt. Rahma (P.W. No. 1) told her son Yusuf (deceased) that, it is time to go to sleep as he had to go to work on the next day in the morning. However, Yusuf (deceased) did not listen and by looking towards their window situated on the fourth floor abused her younger son namely Bilal Shaikh (P.W. No. 2). The Appellant was standing in the balcony of his house situated on the fifth floor. When the deceased was abusing Bilal Shaikh (P.W. No. 2), the Appellant felt that Yusuf (deceased) was shouting at him and therefore, the Appellant asked Yusuf (deceased) as to whether he would come up or the Appellant should come down, to which Yusuf (deceased) answered as to what the Appellant would do by coming down. The Appellant thereafter climbed down five floors and immediately gave 4 to 5 blows with a knife which was in his hand to Yusuf (deceased). Due to the said assault, Yusuf (deceased) fell down. The people who gathered there, immediately rushed Yusuf (deceased) to Rajawadi Hospital. The Doctors, after examining Yusuf, declared him brought dead.;