SULEMAN ALIAS KALLU AND BABUDIN Vs. STATE

JUDGEMENT

(1.) The appellants Mohd. Suleman alias Kallu (we shall call him Kallu) and his brother Babudin were tried by the Additicnal Sessions Judge for the offence of committing murder of Kamil. Kallu was convicted under section 302, Indian Penal Code and was sentenced to life imprisonment. Babudin was convicted under section 302 read with section 34 of the Indian Penal Code. He loo was sentenced to imprisonment for life. Both the appellants appeal to this court against their conviction and sentence. The appeal of Mohd. Suleman alias Kallu

(2.) Babudin is the elder brother. He is aged 25 years. Kallu is the younger one aged 21 years. Both are residents of House No. 6782 Ahata Kidara, Sadar Bazar, Delhi. Next to their house is house No. 6781 which was purchased by the parents of the deceased Kamil two months prior to the date of the incident resulting in the death of Kamil. Kamil (25 years old), Akil (31 years old) and Shakir (19 years old) are three brothers. In house No. 6781 owned by his parents Shakir, a young boy of 19 years, had started selling bidis and cigarette while siting on a cot on which he used to spread his wares.

(3.) The prosecution case was that the accused Kallu used to purchase bidis and cigarettes from Shakir on credit and a sum of Rs. 20 had become due from him. On September II, 1974 at about I p.m. Shakir asked Kallu to clear the amount due from him. Kallu instead of discharging the debt as a debt of honour started abusing Shakir. Nothing beyond this happened at that time. But in the evening at about 7.45 p.m. when Akil and Kamil had come to see Shakir the two accused came there. Shakir at that time was taking his meals. Kamil was looking after the business. Kallu accused shouted that he would now settle the account. He caught hold of Shakir. Kamil thereupon intervened. At that time Babudin is alleged to have caught hold of Kamil. Kallu accused who had come armed with a knife which be had concealed in his right hand suddenly stabbed Kamil in his abdomen and also inflicted two more knife blows at Kamil's neck. Kamil started bleeding and at that time his brother Akil removed his tehmad (a sheet of cloth usually worn round the waist) and tied the same around the wound. Kamil was taken to the Willingdon Hospital by Akil where he succummbed to his injuries on September 13,1974.