Bombay High Court

KHAMRUNNISA BEGUM SHAIKH HASANversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The convictions under Sections 302, 201 and 34 IPC were set aside and the accused were acquitted.

Summary

The High Court of Bombay, Aurangabad Bench, heard Criminal Appeal No. 342 of 2020 and Criminal Appeal No. 307 of 2022 filed by Mohammad Shafik and Khamrunnisa Begum respectively, challenging their convictions under Sections 302, 201 read with Section 34 of the Indian Penal Code. The appellants contended that the evidence did not establish murder, the concealment of evidence, or a common intention among the accused. After reviewing the trial record, the Court found the prosecution's case insufficient to sustain the convictions. Consequently, the Court set aside the Sessions Court judgment, acquitted the accused of all charges, and cancelled their bail bonds, ordering their immediate release. The appeals were allowed and any pending applications were disposed of.

Issues considered

Whether the evidence on record establishes the elements of murder under Section 302 IPC
Whether the accused can be held liable under Section 201 IPC for causing disappearance of evidence
Whether a common intention under Section 34 IPC can be inferred among the accused
Whether the conviction by the Sessions Court is sustainable on the material evidence

Legislation cited

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

Subjects

murder
conspiracy
common intention
acquittal
bail cancellation
IPC
Section 302
Section 201
Section 34
criminal appeal
High Court

Judgment

2026:BHC-AUG:42298-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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