SHAFEEQUE AHMED Vs. STATE

JUDGEMENT

(1.) The appellant in Cr. A. No. 82/85 was the accused in Sessions Case No. 1112/82 on the file of the VIIIth Additional City Sessions Judge, Bangalore. He was tried for offences punishable under Ss.302, 307 and 309, IPC for committing the murders of Husnara Banu and Md. Anis both children of Mohammed Basha (P.W. 22) who is the brother-in-law of the accused by assaulting them with barber's razor (M.O. 1) and knife (M.O. 2) on 3-7-1982 at about 1-45 p.m. in the house of P.W. 22 bearing No. 72, P.V.R. Road, Jolly Mohalla, Bangalore, for attempting to commit murder of Mohammed Asfaq (P.W. 21) son of P.W. 22, by assaulting him with the said weapons on the said date and at about the said time and place and for attempting to commit suicide by causing injuries to himself with the said weapons at about the said time and place.

(2.) As the accused pleaded not guilty to the said charges, P.Ws. 1 to 27 were examined and Exs. P. 1 to P. 46 and M.Os. 1 to 20 were produced on behalf of the prosecution. The defence got marked Exs. D. 1 to D. 6.

(3.) The defence of the accused as can be made out from his statement under S.313, Cr. P.C. was one of total denial. But, according to the suggestions put to P. W. 22 the defence appeared to be that on the date of the incident P.W. 22 went home at about 12-30 or 1 p.m. and he saw the accused and his daughter Husnara Banu sleeping inside the room and being angry he assaulted both the accused and his daughter with knife and when his other two sons went there, he assaulted them also with that knife and in order to save himself he got a false complaint prepared as per Ex.P. 24 and obtained the signature of Janima (P.W. 8) and filed it.