MOHAMMED RAFIQ SHAHABUDDIN SHAIKH Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2018-6-187
HIGH COURT OF BOMBAY
Decided on June 29,2018

Mohammed Rafiq Shahabuddin Shaikh Appellant
VERSUS
STATE OF MAHARASHTRA Respondents




JUDGEMENT

B.R. Gavai, J. - (1.)Being aggrieved by the judgment and order passed by the learned Adhoc Additional Sessions Judge2 Thane, thereby convicting the Appellant for the offence punishable under Section 302 of the Indian Penal Code, sentencing him to undergo life imprisonment and to pay fine of Rs 5000/ and in default thereof to further undergo rigorous imprisonment for six months, Appellant has approached this Court.
(2.)The prosecution case, in brief, is thus :
(3.)Accused was residing in Flat No.301, Kango Estate, Evergreen, 'A' Wing, Pooja Nagar, Naya Nagar, Mira Road (East). The first informant Aayub Shaikh was also residing in the same building. Deceased Devendra Thapa @ Chavan was working as watchman of the Society and on 8/11/2007 the first informant had gone to the house of his brother at Chandresh Mahal building, which is situated in the same complex of Kango Esate, Evergreen. One woman named Husna told the first informant that, the accused was inflicting blows of knife on the person of watchman Devendra Thapa. He therefore rushed to the place of incident, which was in front of the gate of the Society. He had seen that, the accused was inflicting blows of knife on the person of the watchman Devendra Thapa. Accused informed him that, he had asked the watchman to irrigate plants at his home and since the watchman did not obey his orders, he had assaulted him with knife. The first informant immediately sent message to the police chowki. Police immediately came on the spot. Deceased Devendra Thapa was shifted to the hospital. Initially C.R. No.471/2007 came to be registered for the offence punishable under Section 307 of the Indian Penal Code. After the death of the deceased, the same was converted for the offence punishable under Section 302 of the Indian Penal Code.


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