Thane: A 25-year-old labourer from Bhiwandi who was found guilty of assaulting his boss was convicted and jailed today. Thane Additional Sessions Judge M C khadke found the accused Kalim Shaikh, guilty of charges under Section 326 of the Indian Penal Code and sentenced him to four years and nine months of rigourous imprisonment as well as a fine of Rs 5000.
The judge also found him guilty of charges under Section 324 of the Indian Penal Code and awarded him another two years of rigourous imprisonment. One more accused person in the same case is a minor and he has been referred to the juvenile court.
Prosecution lawyer Hemlata Deshmukh told the court that Shaikh worked as a labourer for Lallan Sahu (26) who had a contract to clean vessels at functions. On September 24, 2008 at about 3 am, Shaikh who was accompanied by another accused who is a minor, went to Oswal Samaj hall inquiring Sahu's whereabouts.
When one Sagar Patel told them that Sahu was not present there, they thrashed Patel with a rod. After Patel raised an alarm, Sahu rushed in to find out what had happened. They asked Sahu why he was not paying them their wages. Sahu replied that it was too late and they could discuss this later, but they were in no mood to listen and thrashed him black and blue with the rod. The badly wounded Sahu was initially taken to a hospital where he died on September 26, 2008, the court was told.
The prosecution lawyer told the court that this was a clear cut case of Section 302 and the accused should be punished accordingly. After hearing both the sides, the judge concluded that this the case falls under Section 324 (voluntarily causing hurt by dangerous weapons or means) and Section 326 (voluntarily causing grievous hurt by dangerous weapons or means) and not Section 302. The accused was sentenced accordingly.