MUSHTAK Vs. STATE

JUDGEMENT

(1.) THE rukka prepared on the basis of the statement of Musharraf PW-1 reads as under:- I have been living in Delhi for the last eight months. I had worked on a Tata vehicle in Badarpur for two months earlier and for the last six months I have been working in Patodi House as a rickshaw puller and ply cycle rickshaw on hire from Mohammad Deen a cycle rickshaw contractor. I sleep on the pavement, along with me there are number of boys who ply the cycle rickshaw on hire from Mohammad Deen, the contractor Jabir S/o Nabi Mohammad, r/o village Sirsol, Distt. Badayun, U.P. (deceased) was one of them. One Mustak S/o Razzak a resident of the village of Jabir also works as a rickshaw puller. We all sleep on the pavement near the rickshaw garage in Patodi House. Jabir (deceased) and Mustak (accused) used to gamble by the spin of the coin. They had quarreled over this on many occasions. Yesterday night, I along with Jabir and some other rickshaw pullers including Yunus S/o Sukhey and Latif had slept on the pavement opposite house No.1510, Patodi House. Before this at about 10.00 PM Jabir and Mustak had quarreled with each other over a quilt. Mustak had given beating to Jabir and had also threatened KI MAIN TUJHE DEKH LUNGA thereafter Jabir had gone to ply my rickshaw. I had returned at about 12.00 AM and had settled near Jabir in the quilt of Yunus. At that time Jabir was awake. I had brought cigarette for him. He had smoked cigarette where after we all had gone to sleep. About half an hour before dawn I was about to get up in order to urinate. I saw Mustak who was coming from the shop of Mohammad Deen (contractor) and was having a rickshaw Dhura in his hand. As soon as he came there he gave blow with Dhura on the head of Jabir. The first blow, however fell on the ground. I asked him KYA KAR RAHA HAI but in the meanwhile he lifted the Dhura and again gave a blow with the same on the head and right ear of Jabir, which were not covered with the quilt. He ran away after throwing away the Dhura and also left the chappal worn by him in this commotion. On receiving the Dhura blow Jabir cried. I made Yunus and Latif to wake up and told them that Mustak had given a Dhura blow on the head of Jabir and had run away. We saw blood coming out of the mouth and ear of Jabir. I tried to wake up the other rickshaw pullers who were sleeping on the pavement but was unable to do as they were fast asleep. We all got frightened. Jabir had stopped breathing. We picked up our quilt and settled at some distance in front of him. After it was dawn I went to Kucha Chellan to a relation of Jabir, namely Irfan who works on a wooden tall and belongs to his village. I told him about this incident and brought him to the spot. In the meanwhile somebody had rung up the police. I am an eyewitness to this occurrence Mustak has committed the murder of Jabir with the help of a rickshaw Dhura over petty quarrel. Action be taken against Mustak. I have heard my statement, which is true.

(2.) MUSHARRAF has appeared as PW-1 and has supported the case of the prosecution. After going through his deposition and the cross examination, learned counsel for the appellant concedes that there are no serious embellishments in the testimony of Musharraf and there is no reason why his testimony should not be believed.

(3.) IT has been held by the learned Trial Judge that the testimony of PW-1 proves that there was previous hostility between the accused and the deceased and that the two had a quarrel at 9:00 PM. The weapon of offence used was a dhura which was a lethal weapon and can be dangerous. It has been held that the accused aimed the blow at the head; the situs of the injury was a vital part of the body and hence offence punishable under Section 302 IPC was made out.