MAJID Vs. STATE OF HARYANA

JUDGEMENT

(1.) Four brothers were booked for trial under Section 302 read with Section 34 and other lesser offences of the Indian Penal Code. The Sessions Judge acquitted one accused namely, Aas Mohammad and the High Court acquitted another accused (Sher Mohammed). The High Court affirmed the conviction of two other brothers, namely, Majid and Bashir who have filed these two appeals by special leave and we are disposing of the appeals by this common judgment.

(2.) On the intervening night of August 11/12, 1995 in the weee hours i.e. about 4 a.m. Smt. Hamidi and her husband Abdul Rahim (PW-7) were subjected to murderous assault and at that time their minor son Hasham (PW-6), aged about 11 years, was the only person present. Both Smt. Hamidi and her husband Abdul Rahim became unconscious and fell down. Hasham saw the assault, raised an alarm and persons from nearby houses came to the house of Abdul Rahim. At about 5.50 a.m., Hasham (PW-6) was taken to the Police station by Jamaluddin, Shaurab and Tahir where Hasham was purported to have made a statement on the basis of which the First Information Report was recorded. In this statement Hasham was allieged to have made a statement that there was a quarrel between his parents followed by assaults and as a result both of them were injured. Tahir was the nephew of the accused. Hamidi who was taken to the hospital remained unconscious till her death on August 14, 1995. Abdul Rahim (PW-7) who became unconscious after the assault was also taken to the hospital and he regained consciousness only after more than ten days. After Hamidi succumbed to her injuries, on August 15, a supplementary statement of Hasham (PW-6) was recorded by a Police officer of the rank of the Dy. Superintandent and in this Hasham stated that all the four accused assaulted his parents. After further investigation, police submitted charge sheet against the four accused and they were convicted as stated earlier. According to the prosecution, four years prior to occurrence, all the four accused assaulted Abdul Rahim (PW-7), as his eldest son Sher Mohammed was suspected of having illicit relationship with Mehmooda, sister of the accused. Abdul Rahim and his deceased wife with their two sons left the village out of fear of the accused and on their return to the village after more than four years, the present occurrence took place.

(3.) The plea of the accused was total denial and to prove the alleged statement of Hasham (PW-6) made on August 12, 1995 before police, D.W. 1 - Jamalludin - ex -Sarpanch of the Village, was examined as defence witness.