Sakir Nanku Khan vs The State Of Maharashtra
2016 Latest Caselaw 4827 Bom

Sherla V.



                                                                            apeal.755.2009(j).doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION




                                                                                        
                                   CRIMINAL APPEAL NO.755 OF 2009

            Sakir Nanku Khan                                    ... Applicant




                                                                
                  Vs.

            The State of Maharashtra                            ... Respondent




                                                               
            Ms.Rohini Dandekar, Advocate appointed for the Applicant
            Mr.H.J. Dedia, APP, for Respondent - State




                                                       
                                                CORAM: SMT. V.K. TAHILRAMANI &
                                           ig          MRS.MRIDULA BHATKAR, JJ.

DATE: AUGUST 23, 2016

ORAL JUDGMENT (Per Smt.V.K. Tahilramani, J.):

1. The appellant Sakir Nanku Khan has preferred this Appeal against

the judgment and order dated 30.8.2006 passed by the learned Second

Adhoc Additional Sessions Judge, Thane, in Sessions Case No.6 of 2006.

By the said judgment and order, the learned Sessions Judge convicted the

appellant under section 302 of the Indian Penal Code and sentenced him

to imprisonment for life and fine of Rs.2,500/-, in default R.I. for one year.

2. The prosecution case briefly stated is as under:

At the time of the incident the appellant, deceased and witnesses

were residing at Kashimira. Both the appellant and the deceased Gagan

Bahadur are natives of Nepal. The deceased Gagan bahadur was working

apeal.755.2009(j).doc

as a watchman of Shalimar building. The appellant was working in a

Putha (Cardboard) Company. The incident occurred on 16.8.2005 at about

10.30 am. The incident was witnessed by PW3 Akram, PW9 Afasana and

PW10 Shanaz. They witnessed the appellant assaulting deceased

Bahadur with a knife on various parts of his body and thereafter running

away from the spot. PW3 Akram lodged FIR (exhibit 11). Thereafter,

investigation commenced. After completion of investigation, chargesheet

came to be filed.

3.

Charge came to be framed against the appellant under section 302

of the Indian Penal Code. The appellant pleaded not guilty to the said

charge and claimed to be tried. His defence is that of total denial and

false implication. After going through the evidence adduced in this case,

the learned Sessions Judge convicted and sentenced the appellant as

stated in para 1 above, hence this appeal.

4. We have heard the learned Counsel for the appellant and the

learned APP for the State. We have carefully considered their

submissions, the judgment and order passed by the learned Sessions

Judge and the evidence in this case. After carefully considering the

matter, for the below mentioned reasons, we are of the opinion that there

is no merit in the appeal.

apeal.755.2009(j).doc

5. The conviction of the appellant is mainly based on the evidence of

three eye witnesses i.e., PW3 Akram, PW9 Afsana and PW10 Shanaz.

Akram has stated that he knew the appellant since last 10 to 15 years.

Akram was working in a Putha (cardboard) company and the deceased

was serving as a Watchman in some society. Akram has stated that on

16.8.2005, he heard shouts "bachao, bachao". He saw the appellant

holding a knife in his hand. The appellant was assaulting Bahadur with

knife on his stomach and back. Therefore, he went to rescue Bahadur.

Akram caught hold of the appellant. Bahadur collapsed and fell down.

Meanwhile, the appellant rescued himself from the clutches of PW3 Akram

and ran away. Akram then went to the police station and lodged FIR.

6. The second eye witness is PW9 Afsana. Afsana has stated that she

knew the appellant as well as the deceased. Afsana has stated that the

incident occurred on 16.8.2005 at about 10.30am. At that time, she was

fetching water from the tap situated infront of her house. At the same

time, her neighbour Akram (PW3) also came to the tap to fetch water. At

that time, she heard cries of Bahadur shouting "bachao, bachao". She

saw the appellant assaulting Bahadur with a knife on his shoulder and

stomach. Bahadur sustained bleeding injuries and collapsed. Meanwhile

Akram tried to catch the appellant, however, the appellant managed to

escape and ran away.

apeal.755.2009(j).doc

7. The third eye witness is PW10 Shanaz. She was residing at

Kashimira. Shanaz has stated that she knew the appellant as he used to

work infront of her house. The appellant was residing in her locality. She

also knew the deceased as well as PW3 Akram, who was her neighbour.

Shanaz has stated that on 16.8.2005 at about 10.30 am, she was present

at her home. She heard shouts of Afsana (PW9). Shanaz, therefore,

came out of the house. She saw the appellant assaulting the watchman

Bahadur with knife. The appellant inflicted blows with knife on the

stomach of Bahadur. Thereafter, the appellant escaped from the spot.

Nothing has been elicited in the cross-examination of any of these three

eye witnesses so as to cause us to disbelieve their evidence.

8. It is the case of the eye witnesses that the appellant assaulted the

deceased with a knife on the stomach, shoulder and other parts of the

body. This is supported by the medical evidence. PW6 Dr.Dhotre

conducted the post-mortem on the dead body of Gagan Bahadur. On

external examination, he found 5 injuries. The injuries are thus:

i) Perforated (stab) injury over epigastric region

ii) Incised wound on top of right shoulder. Size 7cmX3cmX7cm

iii) Two perforated (stab) injuries over left chest wall.

iv) Incised wound on left buttock. Size-3cmX15cmX6cm.

apeal.755.2009(j).doc

v) Incised wound over small finger, right finger and middle finger

of right hand.

The injuries on the right hand were bone deep. Dr.Dhotre has stated that

all the injuries sustained by Bahadur might have been caused by sharp

edged weapon and the injuries are possible by knife (Article C). The

cause of death was haemorrhagic shock due to injury to liver and multiple

injuries.

9. On going through the record, we are of the opinion that there is

sufficient evidence to prove the guilt of the appellant beyond reasonable

doubt. Hence, we find no merit in the appeal. Appeal is dismissed.

         (MRIDULA BHATKAR, J.)                           (V.K. TAHILRAMANI, J.)