MEHEBUB BEG AND OTHERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Mahebub Beg, Sardar Beg, Sheikh Baba, Sheikh Habib, Abdul Kadir, Mohamad Yakub, Abdul Hamid, Abdul Khalil and Kallu Natho-who are appellants in this appeal-were tried before the Court of Session, Buldana-the first seven for offences under sections 147, 436 and 428, Indian Penal Code and the remaining for those offences read with section 149, Indian Penal Code. The Sessions Judge convicted the appellants of the offences charged, and the High Court of Bombay confirmed the order of conviction.

(2.) On Sept. 13, 1962 when a Ganapati immersion procession taken out in the town of Khamgaon by the local Hindu residents reached a place known as 'Farshi' at about 10.30 P.M., there was a quarrel between the processionists and certain muslim residents. Thereafter in the Juna Fail locality which is largely inhabited by muslims stones were thrown at the houses of Hindu residents. Apprehending injury to himself and the members of his family, Ishwar Singh who was a resident of Juna Fail vacated his house and sought shelter in the house of a friend in another locality. It is the case for the prosecution that a crowd of muslims set fire to a part of the house of Ishwar Singh in which a flour-mill is installed, and appellants Nos. 2, 4, 6 and 7 threw lighted torches on the flour-mill and accused Nos. 1, 3, 5 and 8 threw cloth swabs dipped in a kerosene oil tin carried by the 9th accused. Ishwar Singh informed the persons who had assembled near a locality called 'Shivaji Chauk' that his flour-mill was on fire and implored them to save his house and his cattle tied in the house. Thereupon Anha Saolaji, Kisan Ramji, Sahebrao Gangaram and Sukhdeo Gopinath went in the direction of the house of Ishwar Singh and found that on the flour-mill which was already on fire were being thrown, by a large crowd of persons amongst whom were the nine appellants, lighted torches and cloth swabs dipped in kerosene oil. Kisan told the members of the crowd not to indulge in acts of incendiarism, but he was abused and threatened to be beaten. Sahebrao and Sukhdeo then entered the building from the near and released two buffaloes tied in the open space and took out a motor-bicycle. When they were returning with the animals and the motor-bicycle, Sukhdeo was hit between the shoulder by stones and on the right ankle, and Anna was hit by a stone on the right fore-arm. Ishwar Singh's building was completely gutted. It appears that many houses belonging to muslims as well as Hindus were set on fire during that night. Information was given to the police in the morning of Sept. 14, 1962 and on the next day statements of "Ishwar Singh and other persons" were recorded by the Sub-Inspector of Police. On Sept. 16, 1962 the Superintendent of Police deputed one Madhukar Deo to investigate into the offences of arson committed in the night of Sept. 13, 1962. Deo examined several persons amongst whom were Anna Saolaji, Kisan Ramji, Sahebrao Gangaram and Sukhdeo Gopinath, and after completing the investigation submitted a charge-sheet against the nine appellants for the offences of which they have been convicted.

(3.) At the trial Ishwar Singh admitted that he did not know who set fire to his house. Witness Kisan deposed that he had seen a group of muslims carrying torches and shouting slogans about 25 feet away from the flour-mill of Ishwar Singh, and that when he told those muslims "not to indulge in such acts", they abused him and threatened him, whereupon he ran away from the scene. Kisan admitted that his "eye-sight was defective", and he could not identify the miscreants responsible for acts of incendiarism. Witness Anna deposed that appellant No. 9 was standing at a distance of 15 paces from the flour-mill holding a kerosene oil tin and appellant No. 4 was throwing, flaming torches on the flour-mill and that the latter was also shouting slogans, and that several other muslims did likewise throw torches or swabs of cloth, but he could not identify them. Sahebrao deposed that he had seen a crowd of 25 muslims (in which were the nine appellants) carrying burning torches and sticks, and that he had seen appellants Nos. 2, 4, 6 and 7 throwing burning torches and appellant Nos. 1, 3, 5 and 8 dipping cloth swabs in a kerosene oil tin carried by appellant No. 9 and throwing those swabs on the flour-mill. Sukhdeo deposed that he had seen 30 to 35 muslims at a distance of about 50 feet away from the flour-mill, that he had seen appellants Nos. 1, 3 and 5 dipping cloth swabs in a kerosene oil tin carried by appellant No. 9, and appellants Nos. 2, 4 and 7 throwing lighted torches on flour-mill.