Bombay High Court Hears Multiple Criminal Appeals Arising from a Single Incident of Armed Assault and Murder at Ner, Yavatmal. Appeals Challenge Conviction Under Sections 147, 148, 302/149 and 326/149 of Indian Penal Code, 1860, and State Appeal Against Acquittal of Seventeen Accused and Against Acquittal Under Section 307/149.

Case Note & Summary

The judgment excerpt deals with a set of criminal appeals before the High Court of Judicature at Bombay, Nagpur Bench, arising out of a single incident that occurred on 02.02.2008 at about 2.00 p.m. near the old bus stand, Ner, district Yavatmal. The prosecution case was that a group of accused persons armed with deadly weapons attacked several persons at a barber shop and later in the weekly market, resulting in the death of Javedkhan and injuries to others. The first informant Anis Khan Tayab Khan Pathan (PW1) along with Javedkhan (deceased), Sheikh Shafik, Aniskhan Mustafakhan (PW5), Imrankhan Abrarkhan and Abrarkhan Afsarkhan had gone to the saloon of Banti Shrivastava. While Sheikh Shafik was shaving and Javedkhan was sitting nearby, accused persons entered the saloon armed with weapons like sword, khanjir, knife, gupti, and iron pipes. They assaulted Javedkhan, Sheikh Shafik and Aniskhan Mustafakhan. The deceased Javedkhan sustained multiple injuries including a severed palm of right hand and died at the scene. The informant was also attacked but escaped and hid near a cinema theatre. After the attack, the accused went towards the weekly cattle market and assaulted Nasrullakhan Afsarkhan and Asrarkhan Afsarkhan, and later assaulted Sabirkhan Wahedkhan at his house. An FIR was lodged and Crime No.11/2008 was registered at Police Station Ner. Investigation was conducted by PI Ram Hake (PW22) who collected evidence including a wrist watch, chappal, boot, sheath and scarf from the saloon, conducted inquest, sent the body for post-mortem, recorded statements, arrested the accused and seized weapons on their production and discovery. The trial court in Sessions Trial No.63/2008 convicted six accused, namely Ijajkhan Jabajkhan Pathan, Hasankhan Jabajkhan, Firozkhan alias Firdoskhan Jabajkhan, Nadimoddin Najmoddin, Ziyaullahkhan Jakaullakhan and Shamiullahkhan Anwarkhan, for offences under Sections 147, 148, 302 read with 149 and 326 read with 149 of the Indian Penal Code, and sentenced them to life imprisonment and other terms. The remaining accused were acquitted. The trial court also acquitted all accused of offences under Sections 4 and 25 of the Arms Act. The absconding accused Nasrullah Khan was tried separately in Sessions Trial No.19/2013 and convicted under Sections 302 read with 149, 307 read with 149, 147 and 148 of the Indian Penal Code, with life sentence, but acquitted under the Arms Act. Aggrieved by these judgments, the convicted accused filed appeals challenging their convictions, and the State filed an appeal challenging the acquittal of the remaining accused and the acquittal of the convicted accused for the offence under Section 307 read with Section 149 IPC. The High Court heard these appeals together as they arose from the same incident. The excerpt, however, does not include the arguments advanced by the parties, the court's analysis, or the final decision in the appeals. The legal issues that appear to be involved include the correctness of convictions based on common object, the sufficiency of evidence for unlawful assembly and individual participation, the sustainability of the State's appeal against acquittal, and the separate trial of the absconding accused. The judgment excerpt primarily provides the procedural background, the prosecution case, and the trial court outcomes.

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