ROUF Vs. STATE OF KERALA

JUDGEMENT

(1.) These Criminal Appeals arise out of Sessions Case No. 96 of 1983 on the file of the Court of Session, Tellicharry. Cr1. Appeal No. 458 of 1984 is filed by the first accused, who has been convicted under section 302, IPC and sentenced to undergo imprisonment for life. Criminal Appeal No. 53 of 1985 is filed by the State challenging the acquittal of accused 2 to 7 for offence punishable under section 120-B and section 302 read with section 114 of the I.P.C.

(2.) The prosecution case is that pursuant to a criminal conspiracy entered into by accused 1 to 7, Ibrahim Haji was murdered. The accused are related to each other. There were criminal and civil litigations between the accused on the one side and the deceased on the other and the relationship between .the parties was strained.

(3.) On 13-3-1983, PW. 4 had arranged the marriage of his daughter. The nikkah was to take place at Juma Mosque at 2 PM. A reception was arranged in connection with the marriage between 11 AM and 2 PM at the residence of PW. 4. Invitations were issued to several persons. Accused, deceased Ibrahim Haji, P.W. 2, P.W. 3 and many others were invited to the marriage and reception. PW5. 1, 2 and the deceased Ibrahim Haji came to the residence of PW.4 to attend the marriage in a car. The car was parked near Bandal Mosque and they came to the residence of PW.4 on foot. PW.4 and his brother PW.3 received them. Tables and chairs had been arranged in the panthal. A small stage was also put up on the southern side of the panthal for music performance by a party specially brought down from Calicut. PW5. 1 and 2 and Ibrahim Haji occupied chairs on the southeastern extremity of the panthal. The house of PW.4 faces south to the paddy fields and to the east of this house was situated the residence of the 3rd accused which faces west. There was no compound wall or fence in between the two properties. To the west of the chair, in which the deceased Ibrahim Haji was sitting, there was a table around which chairs were arranged. PW. 3 and three other persons were sitting in those chairs. Food was served on all tables. When the deceased was about to take food, the 1st accused came and stood behind the chair of Ibrahim Haji. The 1st accused suddenly took out a knife MO.3 from his waist and inflicted an injury on the right side of the neck of Ibrahim Haji as a result of which Ibrahim Haji fell in the chair. On seeing this, PW. 1 who was sitting opposite to him, got up and pressed his hands against the injury to prevent flow of blood The 1st accused after inflicting injuries on the deceased, ran towards east and went to the house of the 3rd accused. Accused 2 to 7, who were also present in the marriage panthal followed him. They went inside the house and closed the doors. P.Ws. 1,2, 11 and 12 and one Basheer removed Ibrahim Haji to the car of PW. 2 parked near the mosque and took him to the Government Hospital, Kasaragod. All this time, PW. 1 continued to press his band against the wound, so as to prevent the flow of blood. PW. 23 the Assistant Surgeon attached to the Government Hospital, Kesaragod, examined Ibrahim Haji and found that he was dead. The dead body was thereafter kept in the mortuary in the hospital. PW. 23 sent Ext. P 14 intimation to the Sub Inspector of Police, Kasaragod, regarding the death. PW. 1 proceeded to the Police Station and gave Ext. P1 First Information Statement. PW. 27, the Head Constable, who recorded the first information statement took into custody the clothes worn by PW. 1 which were soaked in blood, as per Ext. P2 mahazar. PW. 29, the C.I. of Police took up investigation. He proceeded to the mortuary in the hospital, conducted inquest on the dead body of Ibrahim Haji and prepared Ext. PS inquest report. He also recovered from the dead body the bloodstained shirt MO. 7, banian MO. 8, underwear MO. 9 and dhothi MO. 10. He also questioned witnesses at the time of inquest. PW. 24 conducted postmortem and Ext. P 15 is the postmortem certificate. The material objects were sent for chemical examination and Ext. P 12 is the report of the Chemical Examiner. After completing the investigation, charge was laid against all the accused before the Judicial First Class Magistrate, Kasaragod on 25-6-1983, who committed the case to the Court of Session, Tellicherry.