The High Court dismissed a Criminal Application seeking suspension of life sentence and bail for a convict of murder. Records showed corroborated evidence of improper lodging of a criminal complaint and misuse of police investigations for an extrajudicial confession made by the applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 372 OF 2016 IN CRIMINAL APPEAL NO. 821 OF 2015
Nabi Hasan Noor Hasan Khan ..Applicant
v/s.
The State of Maharashtra . ..Respondents
Mrs. Nasreen S.K.Ayubi for the Applicant. Mrs. A.S.Pai, APP for the Respondent/State.
CORAM : SMT. V.K.TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ. DATED : MARCH 28, 2016.
P.C. (Per Smt. Anuja Prabhudessai, J.).
302 of IPC and sentenced to undergo imprisonment for life and pay fine of Rs.25,000/-, in default to undergo R.I. for six months, by this application has sought suspension of sentence and enlargement on bail during pendency of the appeal.
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APP for the State.
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around the neck and two contusions over the scalp region. The doctor has opined that the death was due to asphyxia due to strangulation.
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Masjid.
applicant and his wife Santoshi as they were residing in the same
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locality. She has stated that the applicant used to quarrel with Santoshi and used to assault her while under the influence of alcohol.
Her testimony further reveals that about 2-3 days prior to the incident Santoshi had gone to her parental house. Some days later the applicant had come to her house. He appeared to be scared and asked her to give him Rs.100/-. She has stated that thereafter the applicant had disclosed to her that he had killed Santoshi. She therefore went to the house of PW1 to disclose the said information to the parents of Santoshi. However, she found that the house was locked. Hence she went to the house of the applicant and informed his sister that the applicant had told her that he had killed Santoshi. She has stated that thereafter Ruksar, the sister of the applicant came to her house and when she enquired with the applicant as to what he had done, he disclosed that he had strangulated Santoshi by means of dupatta.
ill-treat his wife Santoshi, and as such she had gone to her paternal house on 26.12.2010. The applicant had assaulted PW1 that he
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would not ill-treat her and had taken the deceased with him on 28.12.2010 at about 8.00 p.m. The body of the deceased was found in the forest on the next day. The testimony of PW2 reveals that the applicant herein had told her that he had strangulated the deceased. The medical evidence corroborates the extra judicial confession. The above circumstances, prima facie are sufficient to establish the guilt of the applicant.
(SMT. ANUJA PRABHUDESSAI, J.) (SMT. V.K.TAHILRAMANI, J.)
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1 issue framed by the court
Whether to suspend the confirmation of conviction and enlarge the applicant on bail during pendency of appeal.
1 provisions across 1 enactments
Nabi Hasan Noor Hasan Khan
The State of Maharashtra
Anuja Prabhudessai
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
