MUHAMMED RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the accused in S.C.No.1633/2010 on the file of the Additional Sessions Court-II, Thiruvananthapuram in Crime No. 39/2009 of Poonthura Police Station for the offence punishable under Section 302 of the Indian Penal Code,1860 (for short 'IPC'). By judgment dated 10.6.2015, the learned Additional Sessions Judge convicted and sentenced the accused to undergo imprisonment for life and to pay fine of Rs.2,00,000/-, in default of payment of fine, the accused shall undergo imprisonment for one year more for the offence punishable under Section 302 of IPC.

(2.) The prosecution case in brief is that on 3.2.2009 at 11.50 hrs., the appellant/accused caused stab injuries on the body of one Ameer Hamsa, while the latter was sitting on the ground near a window for offering prayers in the tomb in 'Beemapalli' at Thiruvananthapuram. The appellant applied force and caught hold of Ameer Hamsa and as a result of the force, the victim fell down and while so, the appellant stabbed directly in the mouth of the victim with MO4 knife. The victim succumbed to the injuries later. It was alleged that the appellant stabbed the victim with an intention of murdering the victim and knowing fully well that the injuries inflicted were sufficient to cause death of the victim.

(3.) 'Beemapalli Dargah Shareef' is a famous mosque in Thiruvananthapuram city. People from all places come to offer prayers at Beemapalli. The tomb of Beema Beevi, the lady with miraculous powers, who is believed to belong to Prophet Mohammed's family, is the main attraction at this mosque. The Beemapalli 'urus' at the mosque lasting for ten days is one of the most colourful events.