Bombay High Court

KHAMRUNNISA BEGUM SHAIKH HASANversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The convictions under Sections 302, 201 and 34 IPC were unsustainable and are set aside, resulting in the acquittal of the accused.

Summary

The High Court of Bombay, Aurangabad Bench, allowed two criminal appeals filed by Mohammad Shafik and Khamrunnisa Begum against convictions recorded by the Sessions Judge in Sessions Case No. 77 of 2018 for offences under Sections 302, 201 and 34 of the Indian Penal Code. The Court set aside the convictions and acquitted both accused of the murder charge and related offences. Consequently, the bail bonds of the accused were cancelled and they were ordered to be released unless required in any other case. The appeals and any pending applications were disposed of. The order reflects the Court's finding that the prosecution's case did not sustain the convictions under the cited IPC provisions.

Issues considered

What was the evidentiary basis for the conviction under Sections 302, 201 and 34 of the IPC?
Were the procedural requirements for establishing common intention under Section 34 complied with?
Did the trial court err in its assessment of the material evidence leading to conviction?

Legislation cited

Indian Penal Code, 1860 — s. 201, 302, 34

Subjects

murder
IPC
Section 302
Section 201
Section 34
acquittal
appeal
criminal procedure

Judgment

2026:BHC-AUG:42297-DB
                                                     (1)
                                           Judg. in Cri.Appeal No. 342.2020 operative order.odt
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  CRIMINAL APPEAL NO. 342 OF 2020

                        Mohammad Shafik S/o Mohd. Rafik Quadri,
                        Age : 38 Years, Occ. Labour,
                        R/o. H.No. 5-23-80, Dalawadi,
                        Paithan Gate, Aurangabad
                        Presently r/at Near Kasambari Dargah,
                        Padegaon, Aurangabad.                   ..Applicant

                               VERSUS
                        The State of Maharashtra,
                        (At the instance of City Chowk
                        Police Station, Dist. Aurangabad._              .. Respondent


                                                    WITH
                                    CRIMINAL APPEAL NO. 307 OF 2022
                                                    WITH
                                CRIMINAL APPLICATION NO. 4038 OF 2025
                                          IN APEAL/307/2022
                           Khamrunnisa Begum Shaikh Hasan,
                           Age : 39 Years,Occ. Household,
                           R/o. Plot No.5, Amaan Park,
                           Behind Kasambari Dargah,
                           Padegaon, Aurangabad presently r/at,
                           House of Mohammad Nazir, Rohilla Galli,
                           Aurangabad.                                    ..Applicant
                                 VERSUS
                           The State of Maharashtra,
                           ( At the instance of City Chowk
                           Police Station Dist. Aurangabad)               .. Respondent
                                                  ...
                Mr.Salunke Sudarshan J, Advocate for Appellant
                Mr. S. J. Salgare, APP for Respondent/State
                Mr. S. G. Bobade, Advocate for Applicant( In Application No.
                4038/2025)
                                                  …
                                       (2)
                             Judg. in Cri.Appeal No. 342.2020 operative order.odt


         CORAM                          : SANDIPKUMAR C. MORE AND
                                          VAISHALI PATIL-JADHAV, JJ.
         RESERVED ON                    : 01/07/2026

         PRONOUNCED ON                  : 15/09/2026



                             OPERATIVE ORDER

(I)    Both these appeals are hereby allowed and the conviction

       recorded by the learned Sessions Judge, Aurangabad in Sessions

       Case No. 77 of 2018 dated 17.03.2020 against both these

       accused, is hereby set-aside and they are acquitted from the

       offence punishable under Sections 302, 201 read with Section

       34 of the Indian Penal Code.

(II)   The bail bonds of accused Mohammad Shafik S/o Mohd. Rafik

       Quadri and Khamrunnisa Begum Shaikh Hasan stand cancelled

       and they be released forthwith, if not required in any other case.

(III) Accordingly,    both     these    appeals    along    with    pending

       applications, if any stand disposed of.



(VAISHALI PATIL-JADHAV)                 (SANDIPKUMAR C. MORE)
      JUDGE                                     JUDGE

YSK/

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