Arif Baksh Mehboob Baksh (In Jail) vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 13223 Bom

Judgment

                                                          apeals198 and 199.17

                                       1

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                   NAGPUR BENCH, NAGPUR

                    CRIMINAL APPEAL NO.198 OF 2017
                                 AND
                    CRIMINAL APPEAL NO.199 OF 2017


CRIMINAL APPEAL NO.198 OF 2017
Arif Baksh Mehboob Baksh,
Aged about 35 years, occupation -
Driver, resident of Shaukat Ali
Square, Ganjipeth, Nagpur.                          ..... Appellant.

                                :: V E R S U S ::

The State of Maharashtra, through
Police Station Officer, Police Station
Sakkardara, Nagpur.                                 ..... Respondent.


CRIMINAL APPEAL NO.199 OF 2017
Jakir Baksh Mehboob Baksh,
Aged about 40 years, occupation -
Private, resident of Mahendra
Nagar, Nagpur.                                      ..... Appellant.

                                :: V E R S U S ::

The State of Maharashtra, through
Police Station Officer, Police Station
Sakkardara, Nagpur.                         ..... Respondent.
===================================
Shri G.S.Shegaonkar, Counsel appointed for Appellants.
Shri T.A.Mirza, Additional Public Prosecutor for Respondent/State.
Shri H.G.Katekar, Counsel for the Complainant.
===================================

                                                                          .....2/-




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 Judgment

                                                         apeals198 and 199.17

                                         2


     CORAM                      : V.M.DESHPANDE, & AMIT B.BORKAR, JJ.

DATE : SEPTEMBER 16, 2021

COMMON JUDGMENT (Per : V.M.Deshpande, J.)

1. These two appeals are directed against judgment and

order of conviction dated 17.2.2017 passed by learned Additional

Sessions Judge, Nagpur in Sessions Trial No.186/2013.

2. By the said judgment and order of conviction, learned

Judge convicted appellants for offence punishable under Section

302 read with Section 34 of the Indian Penal Code and directed

that they shall suffer imprisonment for life and to pay fine

Rs.5000/- by each of them and in default of payment of the fine

amount to undergo further rigorous imprisonment for 6 months.

In addition to the said, appellant-Arif Baksh Mehboob

Baksh is also convicted for offence punishable under Section 294 of

the Indian Penal Code and directed that he shall suffer rigorous

imprisonment for 3 months and to pay fine Rs.1000/- and in

default of payment of the fine amount to undergo further simple

imprisonment for 15 days.

.....3/-

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Appellant-Arif Baksh Mehboob Baksh, is also convicted

for offence punishable under Section 506-B of the Indian Penal

Code and directed that he shall suffer rigorous imprisonment for 3

years and to pay fine Rs.2000/- and in default of payment of the

fine amount to undergo further simple imprisonment for 3 months.

Learned Judge directed that all substantive jail

sentences shall run concurrently.

Remaining accused persons were acquitted.

3. Criminal Appeal No.198/2017 is filed by Arif Baksh

Mehboob Baksh, original accused No.1. Whereas, Criminal Appeal

No.199/2017 is filed by Jakir Baksh Mehboob Baksh, original

accused No.2. These two appeals were taken up for hearing

simultaneously and they are decided by this common judgment. In

both these appeals, appellants are represented by learned counsel

Shri G.S.Shegaonkar who was appointed by the High Court Legal

Services Sub Committee at Nagpur to represent them.

Respondent/State is represented by learned Additional Public

Prosecutor Shri T.A.Mirza.

.....4/-

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apeals198 and 199.17

4. The prosecution case, disclosed during course of trial,

is as under:

(A) Abhijit s/o Narayan Sonawane (PW5), on 5.1.2013

was attached to Sakkardara Police Station, Nagpur as

Police Sub Inspector. He was on duty from 10:00 p.m.

of 5.1.2013 to 10:00 a.m. of 6.1.2013. In the night,

when he was patrolling along with staff, he received a

wireless message from control room that somebody is

stealing tyres of vehicle at Bhande Plot Square. He,

therefore, reached Bhande Plot Square. Though search

was made, nobody was found stealing tyres of vehicle.

When he was at Bhande Plot Square, a person came

and intimated him about assault being made by two

persons by means of weapon near Shitla Mata Mandir.

Therefore, he hurriedly rushed towards Shitla Mata

Mandir by police vehicle. When police party was

proceeding, Abhijit Sonawane received a wireless

message from control room that some persons are

.....5/-

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apeals198 and 199.17

beating somebody near Shitla Mata Mandir. When the

police party reached near Shitla Mata Mandir, Abhijit

Sonawane noticed that a four wheeler vehicle was

parked and two persons were standing and one person

was lying on ground. Out of these two persons, who

were standing, one of them was beating a person, who

was lying on ground, by means of a stone. Abhijit

Sonawane, along with police party, hurriedly alighted

from vehicle and rushed towards those persons. That

time, another person, who was standing, shouted

"pyuk cs pyuk cs iksyhl vk x;h". However, the police

party was successful to apprehend those two persons.

Abhijit Sonawane, thereafter, enquired about their

identities. The person, who was beating by stone,

disclosed his name as Arif Baksh and name of another

person was Jakir Baksh. In the meanwhile, two

persons came there and they informed Abhijit

Sonawane that Arif Baksh and Jakir Baksh beat third

person whose name was Naushad. Abhijit Sonawane

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made enquiry with those two persons and they

disclosed their names as Kaisar (PW1) and Rafique

(PW2). On the spot, they disclosed Abhijit Sonawane

that Arif Baksh and Jakir Baksh beat Naushad by a

sharp edged weapon and stones. After some time,

relatives of Naushad came in vehicle. In the said

vehicle, Abhijit Sonawane sent Naushad along with his

constable to medical hospital. He also sent

apprehended Arif Baksh and Jakir Baksh to police

station by police jeep and gave an information to

superior about the entire incident. He, thereafter,

called additional staff. He also requested two persons

on the spot to act as panchas. He executed spot-cum-

seizure panchnama (Exhibit-132). He also found blood

stained stones and blood stained knife on the spot.

Those were seized. He also seized simple soil and

blood smeared soil from the spot. Thereafter, he along

with staff and Kaisar went to the police station where

Kaisar gave his report. The report was typed as per

.....7/-

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apeals198 and 199.17

information of Kaisar. The report was read over to him

and he signed it. His report is at Exhibit-111.

Thereafter, Abhijit Sonawane registered the offence,

vide Crime No.5/2013, punishable under Sections 302

and 506-B read with Section 34 of the Indian Penal

Code and under Sections 4 and 25 of the Arms Act,

1959. Printed First Information Report is at Exhibit-

(B) First Information Report (Exhibit-111) is lodged by

Kaisar (PW1). He is also known as Shahgaji Khan alias

Kaisar s/o Sofi Ahmed Khan. As per the report, he and

Naushad (deceased) were partners in their transport

business runs under the name and style as

"Maharashtra Karnataka Transport" and one Ishwarlal

Sahu was there Manager. In intervening night of

5.1.2013 and 6.1.2013, when he and Naushad were

proceeding towards their houses by Activa vehicle of

Naushad, near Shitla Mata Mandir Square, Naushad

.....8/-

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gave a phone call to Sheikh Rafique s/o Sheikh Ibrahim

(PW2) for dinner. When he and Naushad were

standing near Shitla Mata Mandir Square, a silver

colour Tata Indigo car came and two persons alighted

from the said car and they picked up a quarrel initially

verbal with Naushad and also started abusing him and

when the first informant tried to intervene, he was

threatened and asked to leave the place. Thereafter,

under the fear, the first informant left and hid himself

nearby. As per the First Information Report, Arif

Baksh, original accused No.1, took out a knife from his

car. Jakir Baksh, original accused No.2, caught hold

hands of Naushad from his behind. Arif Baksh started

assaulting by means of the weapon in his hand.

Naushad was shouting and he fell down on the ground.

Thereafter, Arif Baksh threw the knife on the ground

and uplifted a big stone and hit on the head of

Naushad. That time Sheikh Rafique came to whom the

first informant disclosed the entire incident. That

.....9/-

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time, Sheikh Rafique tried to save Naushad. However,

he immediately came back and the first informant

along with him started to proceed towards Sakkardara

Police Station on vehicle. However, near Bhande Plot

Square the two wheeler of Sheikh Rafique dried and,

therefore, the first informant informed on telephone

No.100 and intimated the incident.

The above is the gist of the First Information

Report.

(C) Police Sub Inspector Abhijit Sonawane (PW5),

arrested both the accused under arrest form (Exhibits-

157 and 18 respectively). He also executed arrest

panchnama (Exhibit-146) in presence of two panchas.

Clothes of both accused persons were seized under

seizure panchnama (Exhibits-147 and 148

respectively). That time, clothes were stained with

blood. He also recorded statement of one Ishwarlal

Sahu. Thereafter, further investigation was carried by

.....10/-

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Police Inspector Appasaheb s/o Baba Lengre (PW11).

(D) After the investigation was entrusted to Police

Inspector Appasaheb Lengre (PW11), he ordered to

conduct inquest. Accordingly, Police Sub Inspector

Chaware conducted inquest panchnama (Exhibit-178).

He also recorded statements of staff members who

were accompanied by Police Sub Inspector Abhijit

Sonawane (PW5). Also, recorded statement of first

informant Shahgaji Khan alias Kaisar (PW1). He also

seized clothes of the deceased under seizure

panchnama (Exhibit-220) which were having

numerous blood stains.

(E) During course of the investigation, Police Inspector

Appasaheb Lengre (PW11) obtained police custody

remand of both accused persons. During course of the

investigation, on the basis of memorandum statements

made by both the accused, complexity of other accused

persons was revealed and, therefore, they were

.....11/-

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apeals198 and 199.17

arrested. Test Identification Parade was also held.

After completion of other usual investigation, he filed

chargesheet.

(F) Charge was framed against appellants and 4

others. However, only appellants, i.e. accused Nos.1

and 2, were convicted for offence punishable under

Section 302 read with Section 34 of the Indian Penal

Code and others were acquitted.

5. We have heard in detail learned counsel Shri

G.S.Shegaonkar appointed by the High Court Legal Services Sub

Committee at Nagpur to represent appellants and learned

Additional Public Prosecutor Shri T.A.Mirza for the

respondent/State. With their able assistance, we have gone

through both volumes of paper-books.

6. According to learned counsel for appellants, evidence

of first informant Shahgaji Khan alias Kaisar (PW1) is not

trustworthy. He, therefore, submitted that his entire evidence is to

be discarded. He also submitted that evidence of Police Sub

.....12/-

Judgment

apeals198 and 199.17

Inspector Abhijit Sonawane (PW5) does not implicate at all

appellant Jakir Baksh. Therefore, it was his submission that both

appeals be allowed.

7. Per contra, learned Additional Public Prosecutor for the

respondent/State supported the judgment and order of conviction

impugned in these appeals.

8. While re-appreciating and re-evaluating entire

prosecution case afresh, we noticed that the prosecution case is

basis of direct evidence which is fully corroborated by

circumstances and scientific evidence.

9. Dr.Hrishikesh Pathak (PW10), who conducted more

than 2000 postmortems till 6.1.2013, conducted postmortem over

dead body of Naushad. He noticed following injures :

"(i) Lacerated wound present over right temporal region, 4 cm above right ear pinna of size 4.5. cm x 1.5 cm. Bone deep underlying bone fractured. Lacerated wound placed horizontally.

10.(ii) Lacerated wound present over left occipital region of size 4 cm x 2.5 cm x bone deep.

.....13/-

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(iii) Chop wound present over left forehead of size 7 cm x 0.5 cm x bone deep underlying bone fractured, chop wound vertically oblique with lower end placed over middle 1/3rd part of left eyebrow.

(iv) Chop wound present over left side of face of size 6.5 cm x 0.5 cm x bone deep, horizontal with medial end placed over left infraorbital region and lateral end just in front of upper 1/3 rd part of left ear pinna.

(v) Chop wound present 5 cm below injury No.4 of size 17 cm x 3 cm x bone deep, horizontally oblique spanning from left maxillary region to left ear with chopping of ear lobule.

(vi) Multiple contused abrasions present over right forehead, right zygometic region and adjacent area of cheek, of size varying from 2.5 cm x 2 cm to 0.5 cm x 0.5 cm..

(vii) Incised wound present over anterior aspect of neck, 5 cm below chin of size 7 cm x 2 cm x muscle deep, horizontally, incised wound placed on either side of midline, 5 cm left side and remaining 2 cm on right side.

(viii) Abrasion present over right mandibular region 3 cm from midline of size 6 cm x 0.2 cm horizontal red.

.....14/-

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(ix) Abrasion present 1 cm below injury No.8 of size 6 cm x 0.2 cm horizontal red.

(x) Incised wound present over area overlying lower margin of right jaw 1 cm from midline of size 3 cm x 0.3 cm x muscle deep horizontal with tailing towards midline.

(xi) Stab wound present over anterior aspect of chest on left side 3 cm below supra sternal notch and 7 cm from midline of size 3 cm x 1 cm x muscle deep, vertical both end sharp and margins clean cut.

(xii) Stab wound present over anterior aspect of chest on left side, 5 cm below and 2 cm lateral from left nipple of size 5 cm x 2 cm @ muscle deep, horizontal, both ends sharp and margins clean cut.

(xiii) Stab wound present 7 cm below left nipple of size 3.5 cm x 1.5 cm x muscle deep, horizontal, both ends sharp and margins clean cut.

(xiv) Stab wound present over right epigastric region region, 3 cm below xiphisternum and 2 cm from midline, of size 4.5 cm x 1 cm x cavity deep, vertical, both ends sharp and margins clean cut, directed backward, downward and medially.

(xv) Stab wound present over umbilical region on right side, 2.5 cm above umbilicus and 2 cm from

.....15/-

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midline of size 4 cm x 1.5 cm x cavity deep, vertical, both ends sharp and margins clean cut, directed backward, downward and medially with coils of intestine protuding out from the stab wound.

(xvi) Stab wound present over anterior aspect of abdomen on right side, 10 cm lateral to injury No.15 of size 3 cm x 1.5 cm x cavity deep, vertical, margins clean cut, both end sharp, directed backward, medially and downward.

(xvii) Stab wound present over left epigastic region, 2.5 cm from midline of size 4.5 cm x 2.5 cm x cavity deep vertically oblique, margins clean cut, both ends sharp, directed backward, downward and laterally with coils of intestine protruding out from the stab wound.

(xviii) Stab wound present over umbilical region on left side, 2.5 cm above umbilicus of size 2.5 cm x 1 cm x muscle deep, horizontally oblique both and sharp, both margins clean cut.

(xix) Stab wound present over left hypochordrium of size 4 cm x 1.5 cm x cavity deep, vertical, both ends sharp and margins clean cut, directed medially, downward and backward.

(xx) Stab wound present over anterior aspect of left thigh, middle 1/3rd of size 5 cm x 1.5 cm x muscle deep, horizontal, both ends sharp and margins clean cut.

.....16/-

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(xxi) Abrasion present over anterior aspect of right knee of size 0.5 cm x 0.5 cm, red

(xxii) Incised wound present over anterior aspect of left wrist of size 5 cm X 1 cm X muscle deep, horizontal.

(xxiii) Incised wound present over left palm over thenor area of size 5cm x 2 cm x muscle deep, horizontally oblique.

(xxiv) Chop woud present over dorsum of left hand of size 5 cm X 1 cm X bone deep, horizontal.

(xxv) Abrasion present over posterior aspect of left thigh, middle 1-3rd of size 10 cm X 0.5 cm, vertically, oblique red.

(xxvi) Abrasion present over posterior aspect of left elbow of size 1 cm X 1 cm, red.

(xxvii) Abrasion present 1 cm below injury No.26 of size 1 cm X 0.5 cm, red.

(xxviii) Incised would preset over dorsum of right hand and adjacent area of dorsum of right index finger of size 4 cm X 1 cm X bone deep, vertical.

(xxix) Incised woud present over dorsal aspect of right ring, little and middle finger over overlying proximal phalanges, horizontal each of size 2 cm

.....17/-

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X 0.4 cm X bone deep.

(xxx) Multiple abrasions present over posterior aspect of right elbow and adjacent area of posterior aspect of right forearm of size varying form 5 cm X 0.3 cm to 3 cm X 0.2 cm, horizontally oblique, red.

(xxxi) Chop woud present over posterior aspect of right forearm, upper 1/3rd of size 6 cm X 1.5 cm X bone deep, horizontally, oblique.

(xxxii) Chop woud present over posterior aspect of right wrist and adjacent area of dorsum of right hand of size 5 cm X 1.5 cm X bone deep, horizontal."

He proved Postmortem Report (Exhibit-209).

According to evidence of Dr.Pathak and contemporaneous

document Exhibit-209, all injuries found on the body of Naushad

were ante-mortem. Cause of death was given as, " injuries to vital

organs."

11. In view of injuries noticed by panchas, while

conducting inquest panchnama, injuries noticed by the Autopsy

Surgeon as mentioned in Postmortem Report (Exhibit-209), and his

.....18/-

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substantive evidence, there cannot be any doubt in anyone's mind

that Naushad died not only unnatural death but also he suffered

homicidal death.

12. According to the prosecution, both accused persons are

responsible for homicidal death of Naushad. In order to prove the

said aspect, the prosecution examined 3 witnesses as eyewitnesses,

they are :

(1) first informant Shahgaji Khan alias Kaisar (PW1); (2) Sheikh Rafique s/o Sheikh Ibrahim (PW2), (3) Police Sub Inspector Abhijit Sonawane (PW5).

However, Sheikh Rafique (PW2), though supported

and corroborated version of first informant Shahgaji Khan alias

Kaisar (PW1) about deceased made phone call to him, he resiled

from his earlier statement in respect of witnessing of actual

incident of murder.

13. Evidence of Police Sub Inspector Abhijit Sonawane

(PW5) shows that he has not seen earlier part of assault made by

Arif Baksh by means of knife. He is the witness to later part of

.....19/-

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assault made by Arif Baksh when Naushad was lying on the ground

in an injured condition and he was hit by big 10 kilograms stone.

14. According to the prosecution case, there was a motive

for eliminating Naushad as there was a previous quarrel between

acquitted accused No.4-Sheikh Iliyas Sheikh Bahadar and Naushad

on 31.12.2012.

15. According to Sayed Mohsin Sayed Salim (PW9), who

speaks about earlier quarrel dated 31.12.2012, also states in his

evidence that on 2.1.2013 when he was going to bring spare parts

of vehicle, that time in front of office of Jakir Baksh, he and others

were standing and acquitted accused No.4-Sheikh Iliyas Sheikh

Bahadar told this prosecution witness that, "ukS'kkn dks ns[kuk iMsaxk".

On the point of earlier dispute, one Sardar Khan s/o Hanif Khan

(PW7) was examined, but he turned hostile. Salman (PW8), the

son of deceased Naushad, was also examined to prove the previous

dispute.

16. Though the prosecution examined witnesses, in respect

of the previous dispute, it appears that the previous dispute was not

.....20/-

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between appellants and deceased Naushad but the dispute was

between the deceased and the acquitted accused.

In that context, it was submitted by learned counsel for

appellants that there was no motive on the part of appellants to

commit murder of Naushad.

17. Motive plays a very important role in cases which are

solely basis of circumstantial evidence. Motive loses its importance

when direct evidence in the nature of eyewitness account is

available.

18. In present cases, we have seen that there are

eyewitnesses and we have noted that those eyewitnesses are

examined by the prosecution.

19. Shahgaji Khan alias Kaisar (PW1), is not only first

informant but also he is eyewitness. This prosecution witness

proved his oral report (Exhibit-111) which was lodged immediately

after the incident. His evidence is on the line of facts which he

disclosed immediately to police in the First Information Report. His

.....21/-

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evidence is corroborated by Sheikh Rafique s/o Sheikh Ibrahim

(PW2) to the extent deceased Naushad made a phone call to him

and he called him near Shitla Mata Mandir Square.

20. Evidence of first informant Shahgaji Khan alias Kaisar

(PW1) shows that after initial verbal altercation on spot of incident,

which was started by both the accused, when he tried to intervene,

he was threatened and was asked to leave place and due to the

threat extended to him that if he is not living the place of the

incident, he will require to face dire consequences, it appears that

under fear this prosecution witness went nearby from where he has

seen the entire assault. His evidence shows that Jakir Baksh,

accused No.2, caught hold hands of Naushad and Arif Baksh,

accused No.1, firstly assaulted by means of knife all over the body

of Naushad and, thereafter, when he fell down Arif Baksh lifted a

big stone and hit on injured Naushad.

21. Evidence of first informant Shahgaji Khan alias Kaisar

(PW1) is fully corroborated by Police Sub Inspector Abhijit

Sonawane (PW5) in respect of the assault made by Arif Baksh,

.....22/-

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accused No.1, by means of stone.

22. According to evidence of first informant Shahgaji Khan

alias Kaisar (PW1), by means of knife Arif Baksh, accused No.1,

assaulted all over the body of Naushad. The said stands

corroborated looking to injuries as mentioned in Postmortem

Report (Exhibit-209).

23. The patrolling police party led by Police Sub Inspector

Abhijit Sonawane (PW5) apprehended both the accused on the spot

itself. Blood stained knife and blood stained stone were seized

from the spot itself. Clothes of accused persons were also seized

immediately after their arrest and they were having blood stains on

the same.

24. Similarly, it was noticed that Arif Baksh, accused No.1,

was having injury on his palm and, therefore, he was referred for

his medical examination to Dr.Nilesh Agrawal (PW14).

Dr.Agrawal's evidence shows that he found, " lacerated wound over

his right hands' middle finger distal phanalx of size 1x0.25x0.25

cm." Exhibit-286 is his injury report. No injury was found on the

.....23/-

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person of Jakir Baksh, accused No.2. When Arif Baksh was

examined by learned Judge of trial Court under Section 313 of the

Code of Criminal Procedure, he could not offer any explanation for

injuries appearing on his person.

25. We cannot forget that, as per eyewitness account of

first informant Shahgaji Khan alias Kaisar (PW1), it is Arif Baksh,

accused No.1, who assaulted Naushad by means of knife. Thus, he

was handling a sharp edged weapon. In that context, injury found,

as noted by Dr.Nilesh Agrawal (PW14), has its own importance.

26. After careful consideration of evidences of first

informant Shahgaji Khan alias Kaisar (PW1) and Police Sub

Inspector Abhijit Sonawane (PW5), we found that their evidences

are trustworthy. There is no reason for Abhijit Sonawane to falsely

implicate any of accused persons. Similarly, nothing could be

brought on record during course of cross-examination of Shahgaji

Khan alias Kaisar that there was any motive on his part to implicate

any of accused falsely. Rather, on spot arrest of both accused

persons, having blood stains on their clothes, has its own

.....24/-

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importance in favour of the prosecution.

27. The Investigating Officer sent muddemal properties to

Chemical Analyzer in a sealed condition. Chemical Analyzer's

Report (Exhibit-88) shows that the knife and the stone in a sealed

condition were received in the office of the Chemical Analyzer. On

examination, the Chemical Analyzer found that the knife was

stained with blood having Blood Group "A". Whereas, though

blood group of blood noticing on the stone was not determined, it

was human blood. None of blood group was determined as Blood

Group "A". Chemical Analyzer's Report (Exhibit-91) shows that

clothes of deceased Naushad as well as soil smeared with blood

collected from the spot were having blood of "Group-A". The said

Chemical Analyzer's Report further shows that full shirt; jean full

pant; and pare of sports shoes of Arif Baksh, accused No.1, were

stained with blood having Blood Group "A". Similarly, full shirt

and pare of sport shoes of Jakir Baksh, accused No.2, were also

stained with blood of Blood Group "A".

In our view, thus, scientific evidence also corroborates

.....25/-

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the prosecution case.

28. One of submissions of learned counsel for appellants

was that there was overt act on the part of appellant Jakir Baksh,

accused No.2, and role attributed to him only by first informant

Shahgaji Khan alias Kaisar (PW1) was that he caught hold hands of

Naushad. In our view, the law laid down by the Honourable Apex

Court in the case of Manik Das and ors vs. State of Assam, reported

at AIR 2007 (Vol.94) SC 2274 clinches the issue in favour of the

prosecution and in the light of the law laid down, we have no

difficulty to reject the submission advanced on behalf of Jakir Baksh

and accordingly we rejected the said submission.

29. Re-appreciation of the entire prosecution case, we are

of view that evidences of first informant Shahgaji Khan alias Kaisar

s/o Sofi Ahmed Khan (PW1) and Police Sub Inspector Abhijit

Sonawane (PW5) are found to be trustworthy and the scientific

evidence in the nature of Chemical Analyzer's Reports fully

corroborate the prosecution case.

30. Learned Judge before whom the trial was conducted,

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in our view, has rightly appreciated the entire prosecution case in

detail and was right in recording finding of guilt against both the

accused persons.

31. In view of the above, we pass following order:

ORDER

(1) Criminal Appeal Nos.198 and 199 of 2017 are hereby

dismissed.

(2) Learned counsel Shri G.S.Shegaonkar, appointed through the

High Court Legal Services Sub Committee at Nagpur to represent

appellants, is entitled to receive his professional charges from the

said Committee and we quantified the same at Rs.5000/-.

The criminal appeals are dismissed and disposed of

accordingly.

                   JUDGE                               JUDGE

!! BRW !!


                                                                        ...../-