MOHAMED GHOUSE Vs. STATE

JUDGEMENT

(1.) Appellant Bombay Ghouse alias Mohammad Ghouse of Bangalore City has been convicted of an offence of murder under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life by the second Additional Sessions Judge, Bangalore, in Bangalore Sessions Case No. 26 of 1962.

(2.) The accusation against the appellant is that he caused the death of one Abdul Sattar by stabbing him with a Knife M. O. 1 in the early hours of 13th June 1962 in front of Sir Mirza Ismail Oval just opposite to Krishnarajendra Market of Bangalore. It is the case of the prosecution that deceased Abdul Sattar was witnessing the 'Thamasha" in connection with the last day of Moharram on the night of 12/13th June 1962 in front of the City Market along with some of his friends, who are examined as prosecution witnesses near the City Market. It is stated that at about 1 a. m, on 13th June 1962 the appellant came along with a number of persons shouting 'din din' and pushed aside the people that had gathered there to witness the "thamasha". In particular the appellant pushed Abdul Sattar and his friends who were standing at the place. It is stated that the appellant and his followers toad no 'punja' with them at the time. Abdul Sattar who was pushed by the appellant and his followers objected to their act in shouting 'din din' without carrying 'punja' and pushing him and his followers without any justifiable cause while they bad come to see the 'thamasha'. Afterwards there were exchange of hot words between Abdul Sattar and the appellant. The appellant abused Abdul Sattar in foul language and he retaliated. It is stated that Immediately thereafter, the appellant pulled out a knife M. O. 1 from his pocket and pressed the button which resulted in the opening of the blade and flourished the same at Abdul Sattar and the knife caused an injury on the left side of the neck just below the ear. It is alleged that the appellant flourished the knife once again and inflicted an injury on the back of the deceased and Abdul Sattar cried out "Amma Amma" and walk-ed a few paces and fell down motionless. The appellant, according to prosecution case, threw away M. O. 1 and ran towards the taxi-stand. Mohammad Ziauddln and other friends of Abdul Sattar who were at the place rushed to the place where Abdul Sattar was lying and found that he was lying motionless and did not respond to the call and hence they removed him to the Victoria Hospital which is just a few yards from the place for medical aid. Abdul Khaleel, a cousin brother of Abdul Sattar, came to the place. Dr. T. V. Mariappa who was in the Emergency Ward examined Abdul Sattar and declared that he was dead. At the instance of Khaleel, Mohammad Ziauddin and others proceeded to the Market police Station to lay the information about the incident. The Head Constable who was in charge of the Police Station sent for the Sub inspector of police who was on his rounds and he came to the place. The Sub Inspector of Police recorded the statement of Mohammad Ziauddin and registered a case for an offence punishable under Section 302 of the Indian Penal Code against the appellant and proceeded to the Hospital. He found Abdul Sattar lying dead at the place. He came back to Sir Mirza Ismail Oval and inspected the place of the incident. He collected panchayatdars and got the place searched and found M. O. 1 the knife which was stained with blood lying in a bush and recovered the same under a mahazar. In the meanwhile the appellant who had sustained a number of profusely bleeding injuries on his person was taken in a car by P. W. 14 Sheik Ameer, to the police station at Kalasipatyam. P. W. 14 Sheik Ameer informed the Sub Inspector of Police that the appellant fell down almost exhausted near his car, which he had parked near the Taxi-stand when he was being chased by a large number of persons and that he put him into his car and brought him to the Police Station. The Sub-Inspector of Police found profusely bleeding injuries on the person of the appellant and therefore, he directed the Head Constable to take him to the Victoria Hospital for necessary treatment in the same car. The appellant was accordingly removed to the Victoria Hospital and was admitted for treatment. He was an in-patient in the Hospital for 14 days and was subsequently discharged. The Sub Inspector of Police and the Inspector of Police attached to the Market Police Station carried on the investigation. They examined P. W. 15 Mohammad Ziauddin, P, W. 16 Abdul Sameed, P. W. 17 Mohammad Hussain and P. W, 18 Ameer who had witnessed the incident and many others. After completing the investigation, a charge sheet for an offence punishable under Section 302 of the Indian Penal Code was placed against the appellant in the Court of the City Magistrate, Bangalore. The learned Magistrate, who perused the documents filed by the prosecution under Section 173 of the Code of Criminal Procedure framed a charge for an offence punishable under Section 302 of the Indian Penal Code against the appellant and committed him to take his trial in the Court of Sessions at Bangalore. When the case came up for trial before the Second Additional Sessions Judge, Bangalore he framed a charge against the appellant under Section 302 of the Indian Penal Code and it is in respect of the charge so framed by the learned Judge that the appellant was put on his trial.

(3.) The appellant pleaded not guilty to the charge and claimed to be tried. He stated that he was attacked by Khaleel, the cousin brother of Abdul Sattar and some of the prosecution witnesses while he was near B. T. Ramaiah's Hotel a place quite near the place of the incident and that he received a number of injuries which were found on his person on account of the stabbing with a knife by his assailants. He denied that he inflicted injuries with M. O. 1 to Abdul Sattar and was responsible for his death.