Lawyer held guilty for attempt to murder of wife, sentenced to 10 years imprisonment by Thane Court

Mumbai lawyer Ahamed Aasif Fakih was held guilty by a Thane court for attempting to murder his wife and was sentenced to ten years rigorous imprisonment along with a fine of Rs. 5 lakh (State of Maharashtra v. Ahamed Aasif Fakih)..Additional Sessions Judge PP Jadhav held that the prosecution had proved beyond reasonable doubt that the informant-wife had been assaulted by Fakih..While computing the quantum of sentence, the Court noted that the actions of the accused were pre-planned and led to physical pains as well as monetary loss to the complainant. .The factual matrix was that the wife had lodged a complaint against Faikh under Section 498A (subjecting wife to cruelty) of the Indian Penal Code. Fakih filed a case for custody of the child. For settlement talks in said custody matter, a meeting was arranged by Fakih’s advocate Yasin Momin at his office..It was during this meeting that Fakih, out of the blue pointed a gun at his wife’s head. He had also brought a dagger with him but since the trigger of the gun did not work, he gave a blow on his wife’s head and hand. The act was committed in the presence of their lawyers, Momin and advocate Pranav Phadke (his wife’s lawyer)..An offence came to be registered against Faikh under Section 307 of the Indian Penal Code, provisions of the Indian Arms Act and Bombay Police Act..After examining the eye witnesses, it was clear to the Court that the evidence of the wife was corroborated by the particulars given by the eye witnesses.The doctors who examined the wife after the incident deposed that her injury was fatal in nature..Fakih argued that his erstwhile lawyer Momin deposed against him as he held a personal grudge against Fakih. However, the Court did not find any evidence during the examination to suggest that Momin held a grudge against Fakih..The Court noted that Momin was Fakih’s former advocate and yet he deposed in the Court in favour of the prosecution and narrated the truth. “Being his advocate, advocate Yasin Momin would have supported him, but he fairly stand by the truth,” the Court noted..The defence through one of their witness submitted that the wife sustained head injury due to an accident. However, while this deposition came in the year 2019 the accident referred to was of 2010, the Court noted. .The Court deduced that the defence was trying to lead false evidence in the trial held Faikh guilty while also asking granted liberty to take necessary action against them for adducing false evidence. As the Court had held Fakih guilty of the offence under Section 307 of IPC, Fakih was entitled to be heard on the quantum of sentence..However, Fakih and his lawyer both did not appear in Court on the date of pronouncement of judgment despite specific directions from the Court to remain present..On Fakih’s conduct, the Court noted that taking advantage of the fact that he was a lawyer, Fakih prolonged the matter for more than ten years. Even during trial the informant (his wife) and the eye-witnesses to the crime were harassed by repeatedly calling upon them for cross-examination. The Court expected as an officer of the Court it was Fakih’s duty to participate in the trial and assist the Court to decide the matter on merits.“Accused himself being advocate and being released on bail, it was his duty to remain present and submit on the point of quantum of sentence,” the order stated..However, Fakih exceeded all limits and attempted to prolong the matter, even till end of judgment.“This is nothing but an harassment of Court also. Under such circumstances the accused deserves to be sentenced with proper imprisonment and fine. At the same time the informant is also required to be compensated,” the court noted..As the accused was not present in Court, the Court issued a non-bailable warrant and conviction warrant against Fakih for execution of sentence.He was however acquitted under the offences of Indian Arms Act and Bombay Police Act..[Read Judgment]