SHAIKH MOHAMMAD ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal, by special leave, is directed against the dismissal in limine by the High Court of Bombay of the appeal filed by the appellant against the order of conviction and sentence of life imprisonment passed under S. 302 of the Penal Code, by the Sessions Court, Greater Bombay. The special leave granted by this Court on September 25, 1969 was limited to the question whether the High Court was justified in dismissing the said appeal summarily with only one word for its order, viz., 'dismissed'.

(2.) The appellant and his brother (orig. accd. 2) Tajuddin were tried by the Additional Sessions Judge, Greater Bombay on a charge under S. 323 read with S. 34 of the Penal Code for causing injuries to P.W. Ibrahim. As part of the same transaction, the appellant was also charged with the offence of murder of one Kadar Shaikh under S. 302.

(3.) According to the prosecution, at about 8.30 p.m. on November 25, 1967 P.W. Dawood, who at the material time was living with the deceased Kadar and his brother, P.W. Ibrahim, was given first blows by the appellant near a cafe, called Cafe Zam Zam, situate near the Dongri market. The assault, it was said, was the result of a dispute amongst the children and womenfolk of the parties in their native village. Nothing further happened due to the intervention of the deceased Kadar and his having pacified Dawood.