Dismissed

Shahenaj Amjed Shaikh v. the State of Maharashtra

Bombay HC15 Dec 2014APPA/757/2014

Case brief

AI extract

What is this about?

This criminal application sought bail for an applicant convicted of murder under IPC 302. The court rejected the bail plea, citing the lender nature of injuries and the refusal to seek medical assistance for the deceased husband.

What did the court decide?

Bail application rejected; applicant remains in custody.

What the court decided

Shahenaj Amjed Shaikh Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2014)

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Shiv

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.757 OF 2014 IN

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CRIMINAL APPEAL NO.464 OF 2014

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Shajenaj Amjad Shaikh .. Applicant. Vs. The State of Maharashtra .. Respondent.

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Mr.Viresh V. Purwant for the Applicant. Mrs.A.S. Pai APP for the State.

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CORAM : V. K. TAHILRAMANI & A. K. MENON, JJ.

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DATED : 15TH DECEMBER, 2014

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P.C.

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Heard learned counsel for the applicant original accused and learned APP for the State. The applicant has been convicted under section 302 and 342 read with 34 of IPC. The applicant is now seeking bail.

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It is the prosecution case that the applicant alongwith her sons tied up her husband Amjad and beat him with sticks and caused his death. The medical evidence shows that deceased Amjad sustained 14 injuries on his person which are as under :

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“(1) Bruise over right shoulder 5x5 cm.

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(2) Bruise over right forearm 1x1x1 and 2x1 cm.

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(3) Contusion over left shoulder 10x10 cm.

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(4) Contusion left forearm 10x20 cm.

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(5) Ligature marks over right forearm near wrist 6x14 cm.

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(6) Ligature marks over left forearm near wrist 6x14 cm.

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(7) CLW right knee 3x2 cm bone deep.

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(8) CLW right leg 3x1 cm skin.

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(9) CLW left knee 3x2 cm bone deep.

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(9) CLW left leg 3x1 cm bone deep.

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(10) CLW left leg 3x1 cm bone deep.

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(11) Contusion left thigh 20x10 cm.

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(12) Abrasion left maxilla

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(13) Multiple abrasion around neck.

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(14) Contusion right parietal region 4x3 cm.”

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The evidence of PW 6 Dr.Anil Hulsurkar further shows that there were two fractures sustained by deceased i.e. fracture to right tibia and fibula. In addition Dr. Hulsurkar also found haematoma under scalp over right parietal region extending over left side and occipital region. There were blood clots over occipital region. Meninges and brain were congested. There was also evidence of fracture of hyoid bone. Thus in all Amjad sustained three fractures. In the opinion of Doctor Hulsurkar the injuries found on dead body are sufficient to cause death

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and the final opinion about cause of death was head injury.

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The evidence of PW 2 Rahman shows that deceased Amjad was residing alongwith wife Shahnaz (applicant) and sons near house of his maternal aunt Jaibunbi and Yusuf, who was son of Jaibunbi. On 5.6.2011 at about 4.30 pm PW 2 Rahman received phone call from PW 3 Yusuf. They told him on phone that wife of Amjad and his sons have tied up Amjad in their house since 11 am and they are not allowing anyone in the house, hence he (Rahman) should come quickly. After completing work Rahman went at about 6 to 6.30 pm to the house of Amjad. Shahnaz, wife of Amjad and sons sat in front of their house. They had put lock on the door. Rahman inquired with Shahnaz and sons of Amjad about what happened. They told that Amjad was not allowing them to eat since morning hence, they tied him up in the house. Rahman asked them to open the door, however, they resisted. Rahman insisted that they should open the door, then elder son opened lock with key. Thereafter Shahnaz and her sons entered the house. There was lock on inner room. The said lock was also opened by the son of Amjad. After entering in second room Rahman saw that Amjad was tied to iron cot with rope. Rahman asked Amjad what had happened. Amjad told him that since morning his wife and sons have tied him up and had kept him without food. Amjad also

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stated that his wife and sons had beaten him with wooden stick on leg. Rahman saw blood on leg and it was fallen under cot. Rahman requested sons of Amjad to untie Amjad. Then they untied Amjad. They took about 10 to 15 minutes to untie Amjad. Amjad was crying due to pain. When Amjad was untied, it was noticed that his hands were swollen. He was trying to stand up but he could not stand. Amjad stated to Rahman that his wife and sons had beaten him and his legs were injured due to beating. Rahman then requested Shahnaz and her sons to shift Amjad to hospital but they refused to take him to hospital. On the next day in morning at 7 am Shahnaz came to the house of Rahman and told him that Amjad is not making any movement. When Rahman went to house of Amjad he saw that Amjad was lying on cot and he was dead.

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The evidence of PW 3 Yusuf, cousin of Amjad, also shows that Shahnaz was ill treating her husband. He has stated that Amjad came to his house and told him that his wife was giving food to him only on two days in a week. Amjad told him that Shahnaz was asking him to give more amount and she was ill treating and harassing him. Yusuf went to the house of Amjad and tried to explain to Shahnaz and her sons, however, they did not listen to him. At one time son of Amjad came to assault Yusuf by axe. Thereafter, Yusuf did not go to his cousin

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brother's house to intervene in any quarrel.

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Learned counsel for the applicant submitted that evidence of PW 6 Dr.Anil Hulsurkar shows that injuries on head could be caused while person is trying to escape or person jerks his body while trying to escape. He submitted that there are injuries to tibia, fibula and knee of deceased which are not on vital parts of body. However, it is seen that there were multiple abrasions around the neck and there was fracture of hyoid bone which shows the amount of pressure applied to neck of Amjad. Looking to the number, nature and extent of injuries prima facie in our opinion the case would fall under section 302 of IPC.

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Even though the applicant is a lady and was on bail, looking to the nature and extent of injuries and part played by the applicant and thereafter refusing to take her husband to hospital and leaving him overnight in injured condition we are not inclined to grant bail. The application for bail is rejected.

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(A.K.MENON, J.)

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(V.K.TAHILRAMANI, J.)

Shahenaj Amjed Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

Shahenaj Amjed Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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