Nagpur- Bench of Justice Mohan Shantanugoudkar and Justice Vineet Saran by judgment date 12/02/2021 have directed immediate release of accused Sheikh Junaid Sheikh Rauf R/o Deulgaon Mahi, Buldhana.
Informant Ajimkhan Rahimkhan, lodged dated 23.6.2017 at police outpost Deulgaon Mahi of police station Deulgaon Raja, Distt Buldana alleging that, rainy season, the rain water flows from in front of his house due to the divider. On 22.6.2017 at about 5.00 p.m., in presence of informant, his mother, father Rahimkhan, sister-in-law Atiyyabi and brother lmrankhan, one Sheikh Naim came to his house and started dispute on the ground of road-divider and said that the water will ﬂow front of informant’s house only. When the oral altercation was going between them, Sheikh Juned came shouting there, armed with iron ‘Pahar’ (crowbar).
Due to fear of iron ‘Pahar’ informant moved aside. One Sheikh Kalim caught hold hands of lmrankhan and Junaid gave a blow of iron ‘Pahar’ on the head of Imran khan. The informant moved aside with a fear that he may assault with iron pahar. Syed Babbu Mistri and Syed Yunus Syed Ali intervened the quarrel. Blood was oozing from the head injury of imran so he was taken to hospital. Therefore, report was lodged. On basis of this report offence, vide crime no.170/2017 under sections 307, 504 and 506 R/w 34 IPC was registered.
That, learned Additional Sessions Judge, Buldhana convicted the Junaid for the offences punishable u/s. 326 of I.P.C. and he was sentenced to suffer imprisonment for 4 years and to pay fine of Rs.5,000/- in default to suffer S.I. for 3 month. Other two accused viz. Sheikh Kalim and Sheikh Naim were acquitted by learned Sessions Court.
Sheikh Junaid had challenged his conviction before Hon’ble High Court in Criminal Appeal 362/2020. That, Justice Vinay Joshi had party allowed the appeal and converted the sentence to one under sec 324 of IPC and sentenced Junaid to suffer 1 year imprisonment and to pay fine of Rs. 25,000/-.
Sheikh Junaid has challenged the judgement of trial court before Honble Supreme Court. That, Justice Mohan Shantanugoudkar and Jutice Vineet Saran allowed the appeal preferred by Sheikh Junaid and reduced the sentence to already undergone and directed his immediate release.
Adv Gagan Sanghi and Adv Mir Nagman Ali appeared for Junaid Sheikh.