MOHD KHAN Vs. STATE OF MP

JUDGEMENT

(1.) These two appeals by special leave arise out of common judgment of the High Court of Madhya Pradesh which disposed of two criminal appeals by two rival factions belonging to two different villages situated at a small distance from each other which were involved in the occurrence in question dated February 4, 1965.

(2.) Village Siloda in Tehsil Sanwer, district Indore was inhabited by Muslims but it was divided into two groups, the relations between whom were strained and differences rose to such a pitch that one group felt compelled to leave the village and shift to a new site for their residence. The new village formed by this group was called Naya Siloda. The original village Siloda was thereafter given the name of Juna Siloda. It appears that in spite of the departure of one group for Naya Siloda the differences between the two groups remained unresolved and the bitterness did not abate. The two villages virtually became inimical to each other. The animosity between the two villages was not confined to any specified individuals but the entire population of each village considered itself as the enemy of the entire population of the other.

(3.) The incident giving rise to the two cross-cases which are the subject matter of the two appeals before us, took place on February 4, 1965 which was the day of Id. Many people had collected at Sanwer mosque to offer their prayers and the residents of the two Silodas had also gone there in the morning. They met at the prayer time but they apparently remained peaceful at that auspicious moment. Some evidence does seem to have been led suggesting that some threats were given by the inhabitants of Juna Siloda to the inhabitants of Naya Siloda. According to the High Court it was not possible to base a firm conclusion in support of this allegation. After the prayer was over, the inhabitants of Juna Siloda on their way back to their village had to pass through Naya Siloda. In the opinion of the High Court the residents of Juna Siloda had gone to Sanwer in a cart with children and weapons. The inhabitants of Naya Siloda also went there but it was a matter of controversy whether they too had weapons with them. After the conclusion of the prayer the Naya Siloda people with weapons in their hands were found waiting on the route at a small distance from their village. The inhabitants of Juna Siloda, after sending their children in advance, back to the village, came by the same route and were confronted by the Naya Siloda people on the outskirts of their village At that spot two old men out of the inhabitants of Juna Siloda, namely Rasul Khan and Nazim Khan, got down from the carts and proceeded to pacify the inhabitants of Naya Siloda and to plead with them to live peacefully. Without giving any definite finding as to whether these two persons were challenged by the inhabitants of Naya Siloda, according to the High Court, there was an attack and a counter attack in which fire arms were used by the inhabitants of Naya Siloda. The inhabitants of Juna Siloda also got down from the carts and killed Latif Khan of the opposite faction and seriously injured several other members of the Naya Siloda group. The inhabitants of Naya Siloda also killed Majid and Yasin of the Juna Siloda group and injured several others, the number of the injured on both sides being almost equal. Amongst the injured on the Naya Siloda side were Abdul Karim, Amir Khan, Chhote Khan son of Ramzan, Garu Khan, Chhote Khan son of Latif, Kallu Khan and Munshi Khan. Amongst the rival faction the persons seriously injured were Roshan Khan, Manjoor Hussain, Abdul Kadar, Mohammad Khan, Najim Khan, Kalu Khan and Faqru. These injured persons were on both sides in addition to those who had lost their lives. The persons out of the group from Juna Siloda who where arrested after investigation were charged, under section 302, Indian Penal Code for the murder of Latif Khan, and under section 148, Indian Penal Code for being members of the unlawful assembly which had the common object of committing the murder of Latif Khan and of causing injuries to the inhabitants of Naya Siloda. They were further charged under section 307, Indian Penal Code for attempting to commit murder of the persons mentioned earlier to have been seriously injured. Charges under sections 302 and 307, Indian Penal Code read with section 149, Indian Penal Code were also framed in the alternative for the offences for which charges under sections 302 and 307, Indian Penal Code were framed.