AKHIAKALL HAYATALLI Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the High Court of Judicature at Bombay accepting the reference made by the Additional Sessions Judge, Greater Bombay under S. 307 of the Criminal Procedure Code, and convicting the Appellant of an offence under Section 326 of the Indian Penal Code and sentencing him to four years rigorous imprisonment.

(2.) The case of the prosecution was that at or about 10-30 or 11 P. M. on the 25th August 1951, the complainant Abdul Satar was going towards Dhobi Galli through the Bibijan Street. At the junction of the Chakla Street with Bibijan Street, he was attacked by the Appellant. The appellant first attempted to strike him on his right shoulder, but Abdul Satar caught hold of his hand. The Appellant released his hand from the grip of Abdul Satar went in front of him and stabbed him in two places - one injury was inflicted at the level of 9th and 10th ribs on the left side and the other injury on the left shoulder. The Appellant then ran away and was pursued by several people. Babu Adam saw him at the corner of the Chakla Street and the Masjid Bunder Road and joined the pursuit. Sub-Inspector Chawan joined the crowed chasing the Appellant in the Dhobi Street, and ultimately the Appellant was caught at the junction of Dhobi Street and the Nagdevi Street. The Appellant was then taken to the Police Station. He was taken by the Police Officers to the place where the attack took place and a panchnama of the scene of the offence was made at five minutes past one on the 26th August 1951. The appellant and the police-Officers returned to the Police Station and at 1-30 A. M. that is within half an hour, another panchnama was made in respect of the clothes which the Appellant was wearing. According to that panchnama there were blood stains on the right arm pit, on the front side of the shirt and on the right thigh. There were also blood stains on the right side collar and on the back of the shirt.

(3.) The defence put up by the Appellant was that he was a fruit broker and after collecting his dues from the Crawford Market up to 11 P. M., he came to the corner of Dhobi Street, when he heard the shouts, "chor, chor" and he also then shouted "chor,chor" and ran after the person who was running away in order to catch him. When he reached the junction of Nagdevi Cross Street he fell down and the person who was running ahead of him rushed into a gutter. As he was ahead and members of the public were following him, three or four of them fell on his body after he fell down and when he got up he was caught by two or three other persons who all said that he was the man, sub-Inspector Chawan was one of these persons. Chawan was suspected to be his accomplice, but someone said that he was a police officer and Chawan was then released. The Appellant was put 'into the police pilot car which came along and takes to the police station. He was then taken to the scene of the offence and a panchnama was drawn there. He was again brought to the police station thereafter and was made to sit in the charge room. As he was feeling very hot he removed his shirt and kept it by his side. In the meanwhile, a police constable came there and gave him a blow on his nose saying, "Do you think this is your father's residence that you removed your shirt - He thereupon started bleeding from his nose, and due to that bleeding his shirt and trousers were stained with blood. The same constable then asked him to put on the clothes and took him to his officer. He produced the Appellant before I. D. Kakatkar, who then noticed his clothes. The panchas were then called and a panchnama was drawn up in which the blood stains on the shirt and trousers were noted.