GAYA PRASAD RAMLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from the Judgment dated 16 February, 1968 of the High Court of Bombay convicting the appellant under Section 302 read with Section 34 of the Indian Penal Code. The Sessions Judge tried the appellant under Sections 143, 147, 148, 302 and 306 read with Section 149 of the Indian Penal Code. The High Court convicted accused Nos. 1, 2 and 5 under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to imprisonment for life. The High Court convicted accused Nos. 2, 3 and 6 under Section 326 read with Section 34 of the Indian Penal Code and sentenced each of them to rigorous imprisonment for three years. The sentence of accused No. 2 was to run concurrently.

(2.) Accused No. 1 Habib Ahmed, accused No. 2 Maksood Ahmed and accused No. 6 Mohmood Ahmed are brothers. Accused No. 3 Darogasingh. and accused No. 4 Chandra Shekhar are also brothers and their third brother was known in the locality as Phelwan. Phelwan was absconding since the date of the offence. Gaya Prasad alias Chakkiwala, accused No. 5 was the owner of a flour mill and was referred to by all the witnesses as Chakkiwala. Accused No. 5 is the only appellant.

(3.) Accused No. 1 lived in a house Masjid Chawl at Khar in Greater Bombay. Rashidkhan the deceased in the present appeal along with a few other persons of the locality passed a resolution that accused No. 1 should not be permitted to live in a part of the Masjid. This led to hostility between accused No. 1 and Rashidkhan. About two months before date of the incident 16 August, 1965 accused No. 2, the brother of accused No. 1, borrowed a silver bracelet from Hanisuddin Saifulla. The bracelet belonged to Hanisuddin's wife. Wahidan Accused No. 2 borrowed the bracelet on the pretext that he wanted to make a similar bracelet for his wife. On 15 August, 1965, accused No. 2 called on Hanisuddin. He asked for the return of the bracelet. Accused No. 2 refused to return it and instead brandished a knife. Hanisuddin went to the police station and lodged a complaint.