Shaikh Samir Shaikh Vali Mohmmad vs The State Of Maharashtra
2025 Latest Caselaw 8420 Bom

Bombay High Court

Shaikh Samir Shaikh Vali Mohmmad vs The State Of Maharashtra on 2 December, 2025

2025:BHC-AUG:33135-DB
                                                  (1)
                                                              Cri. Appeal No. 483-2020.odt
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                             CRIMINAL APPEAL NO. 483 OF 2020
                                          WITH
                           CRIMINAL APPLICATION NO. 900 OF 2024

                        Shaikh Samir Shaikh Vali Mohmmad,
                        Age : 23 Years, Occ. Labour,
                        R/o. Behind Aaksa Masjid,
                        Barkat Nagar, Parli-Vaijnath,
                        Tq. Parli-Vainath, District Beed.            ..Appellant
                                                                     (Accused)
                             VERSUS

                        The State of Maharashtra                    ..Respondent

                                             ....
                Advocate Shaikh Tarekh Mobin H. holding for
                Adv. Satej S. Jadhav for the appellant.
                Additional Public Prosecutor : Mr. S. R. Wakale
                                               ....

                                   CORAM :      SANDIPKUMAR C. MORE AND
                                                MEHROZ K. PATHAN, JJ.

                                   RESERVED ON : SEPTEMBER 11, 2025
                                   PRONOUNCED ON : DECEMBER 2, 2025

                JUDGMENT (PER SANDIPKUMAR C. MORE):

-

1. The appellant/ accused Shaikh Samir Shaikh Vali

Mohammad, has challenged judgment and order dated 6.7.2020,

passed by the learned Additional Sessions Judge, Ambajogai, District

Beed (hereinafter referred to as the ' learned Trial Judge') in Sessions

Case No. 12 of 2019, wherein he has been convicted for the offence

punishable under Sections 302 of the Indian Penal Code and

sentenced to suffer imprisonment for life and to pay fine of Rs.

50,000/- with default clause.

Cri. Appeal No. 483-2020.odt

2. The story of the prosecution unfolds as under :-

On 04.12.2018, Sk. Mustafa Sk. Kalander, who is brother of

deceased Sk. Makdum S/o Sk. Kalander in the instant case, lodged a

report with Parali Rural Police Station and thereby alleged that on

03.12.2018 at about 11.00 to 11.30 p.m. they got information from

one Nasarkha Afsarkha Pathan resident of Bhim Nagar, Parli that Sk.

Maqdoom met with an accident at Nandagaul shivar. Accordingly, he

along with Ayyub Malikhan Pathan, Ismile Maula Shaikh, Shaikh

Mahemood Sk. Kalander, Sayyed Juber Ali Shafakat Ali, Jakirkhan

Afsarkhan Pathan and Baba driver reached there at Pus road, in one

jeep of Ismile Maula Shaikh, around at 11.45 p.m. Police from Parali

Rural Police Station were also present there. He saw Sk. Maqdoom

lying dead at the middle of road, having injuries on his stomach, back

and his throat was slit. He came to know that late Maqdoom and the

present appellant/ accused were having dispute before about one

month of the incident, on account of domestic issues. At the relevant

time, the appellant had asked deceased Maqdoom not to interfere in

his family affairs, otherwise he would kill him. It further revealed to

him that on 03.12.2018 at about 4.00 p.m. the deceased with Sayyed

Jamir Noor, Sk. Saddam Vazir, Sk. Khazi Hamid, Sk. Shafik

Khayajoddin, Sk. Wahed Papamiya, Sk. Ejaj Vazir and the appellant

had gone to Chandpur lake for having meal. Thereafter, those persons

returned to Parali. But the appellant took deceased Maqdoom towards

Cri. Appeal No. 483-2020.odt Pus via Nandagaul on motorcycle and then killed him on the spot of

incident with the help of a sharp weapon.

3. On the basis of such report, Parali Rural Police registered

Crime No. 246 of 2018 and the Investigating Officer A.P.I. Maroti

Nivrutti Shelke i.e. P.W.-7 started investigation. During the

investigation, he conducted inquest panchnama, spot panchnama,

seizure of the clothes of dead body and sent the dead body for post

mortem. He then recorded statements of witnesses, arrested the

appellant/ accused and seized blood stained knife, knife cover, motor-

cycle as well as clothes of accused. At his instance, in presence of

panchas, blood samples of accused and deceased were also collected

and the seized articles and samples were sent to Forensic Laboratory,

Aurangabad. On completion of investigation, he filed charge sheet

against the appellant for the aforesaid offence.

4. The learned Trial Judge conducted the trial by examining

as many as seven witnesses. In addition to oral evidence, the

prosecution also relied on the documentary evidence, which we are

going to discuss hereinafter. On the basis of evidence led before the

Court, the learned Trial Judge convicted the appellant as aforesaid.

5. The learned counsel for the appellant/ accused Mr. Satej

Jadhav, vehemently argued that there is no eye witness in this case,

Cri. Appeal No. 483-2020.odt and it is completely based on circumstantial evidence. According to

him, when the case is based on circumstantial evidence, then the

prosecution has to establish complete chain of circumstances leading

to the guilt of the accused, by considering every hypothesis. He

submitted that the prosecution did not examine Nasarkha Afsarkha

Pathan, who had in fact intimated the informant Shaikh Mustafa i.e.

brother of deceased and also informant i.e. P.W.-3. He pointed out that

the evidence of P.W.-3/informant is not at all helpful to the

prosecution, as it was based on information received from other and in

the nature of hearsay. He pointed out that even the evidence of P.W.-5

Sk. Waheed Sk. Papamiya on last seen theory is not convincing in as

much as it relates to the story of prosecution of having an evil eye on

the lady member of the family of appellant/ accused. According to

him, it was also hearsay in nature.

6. Further, learned counsel for appellant pointed out that

though the person accompanied deceased and accused at Chandpur

Dam were workers, but it is hard to believe that all of them were given

holiday from their respective duties. He also raised doubts in respect

of the evidence of P.W.-1 Sultan Shaikh, who had seen the accused and

deceased together at Ambajogai and stated that up to 8.15 p.m. on the

day of incident, deceased was alive. He pointed out that this witness

had gone to Darga at about 2.00 p.m and after spending four hours

Cri. Appeal No. 483-2020.odt there, it was impossible for him to return back before 7.15 p.m. when

he had allegedly met the deceased and accused. He also pointed out

that how the police knew that deceased and accused had met Sultan,

when Sultan had got knowledge of the incident from police itself for

the first time, since no one from Chandpur Dam stated that accused

and the deceased went to meet Sultan. He further pointed out that

the police did not examine the carrier of muddemal articles and

therefore, there was every possibility of tampering with those articles.

He also raised doubt about the timing of spot panchnama. Further, he

submitted that only one panch witness P.W.-4 Vijaykumar Ganpat Tate

is examined as panch to all the recoveries and memorandums.

7. Learned counsel for the appellant further contended that

it was surprising to note that when the accused started giving blows of

knife to the deceased, who was driving the motor-cycle, no injuries on

the person of accused were found as due to assault they might have

fell on the ground. He further submitted that the accused was found

in his house till 05.12.2018, when everybody was knowing the fact

that he had committed murder of deceased. He further pointed out

that nothing is mentioned in the requisition letter, as to where those

muddemal articles and samples were kept. Thus, he pointed out that

the evidence of prosecution does not inspire confidence, recovery is

doubtful and motive is also not established. According to him, when

Cri. Appeal No. 483-2020.odt the deceased himself had called accused at Chandpur Dam with bottle

of liquor, then the accused had no reason to carry weapon with him.

Further, C.D.R. and tower location were also not obtained by the

Investigating Officer. Therefore, according to him, the benefit of

doubt should have been given to the appellant/ accused by the

learned Trial Judge. In support of his submissions, he relied on the

following judgments :-

(i) Hon'ble Apex Court in the case of Boby Vs. State of Kerala [Criminal Appeal No. 1439 of 2009]

(ii) Nagpur Bench of this Court in the case of Suresh Purushottam Ashtankar Vs. The State of Maharashtra and another [Criminal Appeal No. 408 of 2012]

8. On the contrary, the learned A.P.P. strongly opposed the

submissions made on behalf of the appellant/ accused and submitted

that though there is no direct evidence against the appellant/ accused,

but the prosecution has established each and every circumstance

indicating the guilt of accused. He pointed out that the deceased was

seen lastly in the company of accused at 4.30 p.m. on the day of

incident by P.W. No.5. Moreover, P.W.-1 Sk. Sultan also saw appellant

and deceased at Ambajogai at 7.15 p.m. Further, it has also come in

the evidence of P.W.-1 Sk. Sultan that deceased was alive till 8.15 p.m.

on that day and within 45 minutes it was learnt that he died.

According to him, the medical evidence on record definitely indicates

homicidal death of Sk. Maqdoom and as per the evidence of Dr. Vitthal

Cri. Appeal No. 483-2020.odt Karad (P.W.-6), the time of death was probably between 8 p.m. and 9

p.m. of 03.12.2018. Thus, according to him, the time of death and

last seen together were in proximity. He also pointed out that there

was recovery of incriminating articles and weapons at the instance of

appellant/ accused and as per the Chemical Analyzer report on record,

blood of the deceased was found on the knife as well as clothes of

accused. Further, according to him, PW-3 and P.W.-5 have established

the motive for commission of crime and therefore, the chain of

circumstances in respect of the guilt of the appellant/ accused is thus

completely established. In support of his submissions, he relied on the

following judgments :-

(i) State of Uttar Pradesh Vs. Stish [(2005) 3 Supreme Court Cases 114]

(ii) Praful Sudhakar Parab Vs. State of Maharashtra [(2016) 12 Supreme Court Cases 783]

9. Heard rival submissions. Also perused the entire oral and

documentary evidence on record along with the record and

proceeding of original Sessions Case with the able assistance of

learned counsel for the appellant/ accused as well as learned A.P.P.

10. It is significant to note that considering the medical

evidence on record, no one can dispute that the death of Sk.

Maqdoom was homicidal. P.W.-6 Dr. Vitthal Karad, who conducted the

post mortem over the dead body has deposed about external and

Cri. Appeal No. 483-2020.odt internal injuries found on the dead body and cause of death was due

to haemorrhagic shock, due to multiple stab injuries. Further, the

medical evidence has also established that probable time of death of

Sk. Maqdoom was in between 8.00 p.m and 9.00 p.m. of 03.12.2018.

Further, injuries found on the dead body of Maqdoom were possible

by the knife, which was shown to this witness.

11. Admittedly, there is no direct evidence in the present case,

but the case of prosecution is completely based on circumstantial

evidence. The prosecution has claimed that there are so many

circumstances indicating the involvement of the appellant/ accused in

the crime. Such circumstances can be summarized in brief as follows :-

(i) The deceased and appellant were seen together firstly at about

4.30 p.m. on the day of incident at Chandpur Dam and

thereafter at about 7.15 p.m. at Ambajogai.

(ii) Dead body of Maqdoom was found lying on Nandagaul shivar,

Push road at about 9.00 p.m. on the day of incident. There was

recovery of murder weapon and other incriminating material at

the instance of appellant/ accused.

(iii) The blood of deceased was found on the murder weapon knife

and clothes of accused and the Medial Officer established the

fact that the injuries found on the person of the deceased were

sufficient to cause his death in ordinary course of time and the

Cri. Appeal No. 483-2020.odt same were possible due to the knife seized at the instance of

appellant.

(iv) Lastly, the appellant/ accused could not give any probable and

satisfactory explanation as to how he was not connected with

the murder of deceased.

Therefore, let us discuss the evidence of the prosecution in

respect of the aforesaid incriminating circumstances.

12. P.W.-1 Sk. Sultan Sk. Rahim is examined by the

prosecution at Exh.20 on the point that he was the person, who had

seen the deceased lastly in the company of appellant/ accused just

before his death. According to this witness, he had met accused and

the deceased together near his house at Ambajogai on 03.12.2018 at

about 7.15 p.m. This witness has specifically deposed that he had

conversation with them and thereafter, they left together on the

motorcycle. He has further deposed that he also spoke to the deceased

on phone at about 8.00 p.m, which indicates that the deceased was

alive at least till 8.00 p.m. It is to be noted here that police got the

knowledge of death of Maqdoom at about 9.00 p.m, therefore, the

evidence of this witness on the last seen together theory has gathered

utmost importance, since there was remote possibility of intervention

of any third person for committing the crime in between 8.00 p.m.

and 9.00 p.m, specially when the deceased and appellant/ accused

were proceeding further on the same motor-cycle. Though the

Cri. Appeal No. 483-2020.odt learned counsel for the appellant/ accused raised doubt that when this

witness had gone to Dargha at about 2.00 p.m. and spent there

period of four hours, then it was highly impossible for him to meet the

accused and the deceased at Ambajogai at 7.15 p.m. However, the

learned Trial Judge has properly verified the timeline and observed

that it was possible for this witness to meet the accused and the

deceased together at the given time. Considering the said observation,

we are satisfied that it was possible for this witness to meet the

accused and deceased together at 7.15 p.m. on the day of incident at

Ambajogai.

13. The learned counsel for the appellant/accused by relying

on the judgment of Hon'ble Apex Court in the case of Boby Vs. State

of Kerala in Criminal Appeal No. 1439 of 2009 submits that, in case of

last seen theory, a gap between last seen incident and actual incident

is material. He relied on the judgment of Hon'ble Apex Court in the

case of State of Uttar Pradesh Vs. Satish discussed in the aforesaid

judgment (supra) is as under :-

"22. The last-seen theory comes into play where the time- gap between the point of time when the accused and the deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. It would be difficult in some cases to positively establish that the

Cri. Appeal No. 483-2020.odt deceased was last seen with the accused when there is a long gap and possibility of other persons coming in between exists. In the absence of any other positive evidence to conclude that the accused and the deceased were last seen together, it would be hazardous to come to a conclusion of guilt in those cases. In this case there is positive evidence that the deceased and the accused were seen together by witnesses PWs3 and 5, in addition to the evidence of PW2."

However, we have already discussed that in the instant case,

there is no such long gap, in the last seen and the actual incident. It is

to be noted that, the evidence in the instant case has indicated that

deceased was in the company of appellant/accused till 8.00 p.m. and

immediately thereafter at 9.00 p.m., the information regarding death

of deceased received. Thus, considering this no so long gap, no doubt

can be raised that, there was intervention of any third person.

Therefore, the observation of Hon'ble Apex Court in the light of facts

of this case, is not helpful to the appellant/accused.

14. The evidence of Sk. Khadir Sk. Munir (P.W.-2) at Exh. 21,

who is panch witness of spot panchnama Exh. 23 as well as inquest

panchnama Exh. 22, has verified the multiple injuries found on the

dead body leading to death. He also established the fact that

Investigating Officer had seized blood mixed plain soil, mobile of

deceased and a shoe from the scene. This witness has also established

Cri. Appeal No. 483-2020.odt the seizure of victim's clothes. Nothing doubtful has been elicited

from the cross-examination of this witness.

15. Then come to evidence of Sk. Mustafa Sk. Kalander

(P.W.-3) Exh. 25, who is the informant and brother of deceased. He

stated about lodging of F.I.R. at Exh.26. Though he did not witness the

incident, but his testimony at least confirms the discovery of dead

body with multiple injuries and also provided the preliminary

information about the motive in form of threats given by the appellant

/accused to the deceased over family affairs.

16. Vijaykumar Ganpat Tate (P.W. No.4) is the panch witness

on the point of discovery and as per his evidence at Exh.28, on

07.12.2018 while on duty at Municipal Council, Parli-Vaijnath, he was

called by Office Superintendent and asked to act as a panch.

Accordingly, with another panch Dhondiba Bhusewad went to Parli

Rural Police Station, where appellant/ accused was in custody of the

police. He has stated that, appellant then gave voluntarily

memorandum and expressed willingness to produce the weapon used

in the crime. He has established the portion of the memorandum

which is admissible in evidence as Exh.29. Thereafter, he deposed

that how he along with police, co-panch and accused went to

Nandagaul shivar, where accused shown the place, where he had

thrown the knife. He specifically deposed further that one iron knife

Cri. Appeal No. 483-2020.odt with handle was found near the heap of soil, having blood stains. He

also stated that at the instance of appellant /accused, police seized

one motor-cycle from a pit hole of drain covered with garbage and the

same was also having blood stains. He also stated about recovery of

knife cover and then established the contents of seizure panchnama of

all these articles at Exh. 30. This witness has specifically identified the

appellant/ accused being the same person, who had produced the

aforesaid articles. This witness has also deposed that on the next day,

the appellant/ accused made disclosure statement and showed

willingness to produce his blood stains clothes and the said

memorandum was recorded and is at Exh.31. According to this

witness, the appellant/accused took him to his house and then

produced blood stains clothes comprising black jacket, T-Shirt and

blue-white colour pant, which were seized under panchnama Exh.32.

This witness has identified the articles iron knife, iron cover of knife,

black jacket, blue jeans pant and black full sleeves T-shirt being

produced by the appellant/ accused. Nothing fruitful has come on

record in his cross-examination, which can render the prosecution

story doubtful.

17. The evidence of Sk. Waheed Sk. Papamiya (P.W. 5) at

Exh.34 speaks about the motive and also last seen theory. According to

this witness, he had seen accused and deceased at Chandpur Dam

and they left together on motor-cycle towards Ambajogai. He has also

Cri. Appeal No. 483-2020.odt deposed that the deceased had an evil eye on the wife of brother of

appellant/ accused. Nothing special has been elicited in the cross-

examination of this witness which can produce dent in the prosecution

story.

18. The evidence of Dr. Vitthal Karad (P.W.6), who conducted

the post mortem over dead body of Maqdoom, clearly indicates that

there were stabbed wounds on abdomen as well as chest of the

deceased along with incised wound on the neck and multiple

contusions on the chest and abdomen. He has disclosed that there

were additional stab incised wounds on the chest, back, shoulder and

lower abdomen of the deceased. He has specifically described the

internal injuries to lung, liver and spleen corresponding to external

injuries as mentioned in post mortem report Exh.37. We have already

given the cause of death earlier in the judgment, which is not

disputed. However, as per the opinion of this witness, all the injuries

were possible by the knife at article 'B', which was recovered at the

instance of accused, by its pointed edge and blade and they were

sufficient to cause death in ordinary course of time. Though this

witness in his cross-examination admitted that those injuries were also

possible by sword, but it is extremely important to note that sword is

also weapon having sharp edges like the knife at article 'B' which was

specifically recovered at the instance of accused. Therefore, in

Cri. Appeal No. 483-2020.odt absence of any evidence of use of sword in the present case, the

appellant/ accused cannot get benefit of such type of admission.

19. The evidence of A.P.I. Mr. Maroti Nivrutti Shelke (P.W.7)

from Parali Rural Police Station, who has conducted the investigation,

is though on the procedural aspect, but it is revealed from the said

evidence that he received call at 9.00 p.m. on 03.12.2018 about

presence of one dead body on Pus-Nandagaul road. The said body

was identified on the basis of Adhar Card initially as that of Sk.

Maqdoom. Subsequently, the informant confirmed the aforesaid

identification. Thereafter, inquest panchnama as well as spot

panchnama were drawn and body was sent to post mortem. His

evidence further discloses that on 05.12.2018, the appellant/ accused

was arrested under panchnama Exh. 51 and on 07.12.2017 knife,

motorcycle, knife cover used in the crime were seized at the instance

of the appellant under memorandum (Exh.29) as well as seizure

panchnama (Exh.30). On the next day, blood stained clothes were

also recovered at the instance of appellant/accused from his house

under memorandum (Exh.31) and discovery panchnama (Exh.32).

This witness had also collected C.A. reports of the seized articles and

samples from Forensic Laboratory, Aurangabad. No serious admissions

are secured by the defence.

(MEHROZ K. PATHAN)                 (SANDIPKUMAR C. MORE)
        JUDGE                               JUDGE

YSK/