Case Note & Summary
This judgment arises from three connected criminal appeals before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the judgment and order dated 13 January 2012 passed by the Additional Sessions Judge, Shahada in Sessions Case No. 06/2009. The prosecution case, as recorded, is that on 14 October 2008, a telephone call was received at the house of Abdul Raheman Makrani regarding labourers on his land, leading him to send his son Abdullah AbdulRaheman Makrani (deceased) to the spot. Abdullah proceeded on a motorcycle with Abdul Hakeem Abdul Sattar (PW1) and Salauddin Sher Mohammad (PW3). Near Hanuman temple in Pimpripada, accused No.10 Mehmoodali overtook their motorcycle and forced them to stop. Thereafter, a jeep and truck arrived carrying the remaining accused armed with koyeta, sword, razor, sticks and other weapons. Accused Nos.1, 2 and 3 assaulted Salauddin, while PW1 fled and hid in a banana crop. When Abdullah tried to escape, he was chased and intercepted near the house of Ramsing Rodkya Wasave, where accused Nos.4, 5, 6, 7, 8, 9 and 10 assaulted him with their weapons, causing his death on the spot due to multiple injuries. PW1 witnessed the incident and lodged the First Information Report, which was registered as Crime No. 89/2008 at Akkalkuwa Police Station for offences under Sections 302, 307, 147, 148, 323, 504, 506 read with 149 of the Indian Penal Code and Section 37(1)(3) read with 135 of the Bombay Police Act. The motive alleged was a prior dispute in 2007 over Rs.500 regarding jeep puncture charges, leading to cross-cases and a demand to withdraw them. During investigation, the police prepared inquest and spot panchnamas, seized blood-stained soil, and sent the body for autopsy. The autopsy revealed 13 external injuries and fractures of ribs, with cause of death being hypovolemic shock due to excessive hemorrhage. The injured witness Salauddin was also medically examined. Accused were arrested and on their disclosures, weapons were recovered. The trial court convicted the accused under Section 302 read with Section 149 IPC and other provisions, sentencing them to life imprisonment and other concurrent terms. Criminal Appeal No.37/2012 and Criminal Appeal No.501/2012 were filed by the convicted accused challenging their conviction and sentence, while Criminal Appeal No.242/2012 was filed by the original victim seeking enhancement of sentence and conviction under additional sections including Section 120B IPC, Section 4 read with Section 125 of the Arms Act, and Section 37(1)(3) read with Section 135 of the Bombay Police Act. The High Court heard all appeals together. The provided judgment text is incomplete and does not contain the court’s analysis, reasoning, or final decision.
Issue of Consideration
CRIMINAL APPEAL NO.37 OF 2012
Case Details
2015 LawText (BOM) (07) 33
Criminal Appeal No.37 of 2012, Criminal Appeal No.501 of 2012, Criminal Appeal No.242 of 2012
S.S. Shinde, A.I.S. Cheema
S.M. Godsay for appellants in Cri. App. 37/2012, N.S. Ghanekar for appellants in Cri. App. 501/2012, S.P. Brahme for appellant in Cri. App. 242/2012, S.B. Pulkundwar APP for State
Haneef Gulam Rasool Makrani & Ors. (Cri. App. 37/2012), Gulamali Muradali Makrani & Ors. (Cri. App. 501/2012), Sallauddin Sher Mohammad Makrani (Cri. App. 242/2012)
The State of Maharashtra, and respondent Nos. 2 to 10 in Cri. App. 242/2012 (original accused)
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Nature of Litigation
Criminal appeals against conviction and sentence for offences including murder under Section 302 read with Section 149 IPC, and an appeal by the victim for enhancement of sentence and additional convictions.
Remedy Sought
Accused appellants sought setting aside of conviction and sentence; victim appellant sought enhancement of sentence and conviction under additional sections including criminal conspiracy and Arms Act.
Filing Reason
Aggrieved by the judgment and order dated 13 January 2012 passed by Additional Sessions Judge, Shahada in Sessions Case No. 06/2009.
Previous Decisions
Conviction and sentence by Additional Sessions Judge, Shahada in Sessions Case No. 06/2009 on 13 January 2012.
Judgment Excerpts
On 14.10.2008 at about 11.15 a.m. a telephonic call was received on telephone No. 252390 in the house of AbdulRaheman Mauladad Makrani and at that time it was informed that, labourers have come in his agricultural land, and therefore, requested to come there immediately.
the accused persons by chasing to the said Abdullah, intercepted him near the house of Ramsing Rodkya Wasave, and thereafter, the said accused persons with the help of said weapons, gave blows on chest, head, hands and ribs and due to the said beatings, said Abdullah died on the spot.
On the basis of the autopsy, he concluded that probable cause of death was due to hyporolmic shock due to excessive hemorrhage due to multiple injuries.
It was also informed by the informant that in the year 2007, accused no.1 Gulamali Muradali Makrani did not pay Rs.500/ to Gulam Khwaja Makrani regarding puncture charges of jeep and over that there were clashes in between two groups and both the groups had filed cases against each other.
Procedural History
On 14.10.2008, FIR No. 89/2008 was registered at Akkalkuwa Police Station for offences under IPC and Bombay Police Act. Police investigated, arrested accused, recovered weapons, and filed charge-sheet. Sessions Case No. 06/2009 was tried by Additional Sessions Judge, Shahada. On 13.01.2012, the court convicted and sentenced the accused. Separate appeals were filed by the convicted accused and the victim.
Acts & Sections
- Indian Penal Code, 1860: 302, 307, 147, 148, 149, 323, 324, 341, 504, 506, 120B
- Arms Act, 1959: 4, 125
- Bombay Police Act, 1951: 37(1)(3), 135
