NAGPUR BENCH OF BOMBAY HIGH COURT ACQUITTED THE ACCUSED FOR THE CHANGE UNDER SECTION 307 OF THE INDIAN PENAL CODE AND THE ARMS ACT
The Nagpur Bench of Bombay High Court comprising of Hon’ble Smt. Justice Urmila Joshi Phalke pleased to acquit the accused Mohd. Sadik, Abdul Kadar and Sheikh Bashir from the charge under section 147, 148 and 307 of the Indian Penal Code R/w. 135 of Bombay Police Act & 4/25 of the Arms Act.
The Nagpur Bench of Bombay High Court comprising of Hon’ble Smt. Justice Urmila Joshi Phalke pleased to acquit the accused Mohd. Sadik, Abdul Kadar and Sheikh Bashir from the charge under section 147, 148 and 307 of the Indian Penal Code R/w. 135 of Bombay Police Act & 4/25 of the Arms Act. The Hon’ble High Court has also dismissed the Criminal Revision filed by the first informant Mohd. Sadik against 17 accused. One Mujib Khan Mustafa Khan lodged the report with the Police Station Anjangaon Surji, Dist. Amravati against the 17 accused persons alleging that the accused have assaulted by means of sword, iron pipes and sticks. Based on the first information report the Police Station Officer of Anjangaon Surji investigated the matter and filed the chargesheet against all 17 accused. The trial was conducted by the Ad hoc Additional Sessions Judge-2, Achalpur, wherein the learned Ad hoc Additional Sessions Judge-2, Achalpur has convicted the accused Mohd. Sadik, Abdul Kadar and Sheikh Bashir under section 324 of the Indian Penal Code and directed to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 2,000/- by judgment and order dated 30/09/2006. The appellant preferred the Cri. Appeal No. 589/2006 and the first informant/complainant Mujib Khan Mustafa Khan preferred the Criminal Revision No. 102/2007. The Hon’ble High Court by its judgment and order dated 01/08/2024 pleased to allow the appeal and acquitted the accused Mohd. Sadik, Abdul Kadar and Sheikh Bashir also dismissed the revision against the 17 accused by observing that the recovery of the weapon is not proved and the prosecution failed to prove the charges beyond reasonable doubt. ADV. Ishwar S. Charlewar appeared for the appellants and Additional Public Prosecutor Ms. Soniya Thakur appeared for the State.
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