JAFFAR ALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) APPELLANTS/a1 to A3 have filed this appeal against their conviction and sentence to undergo life imprisonment under section 302 IPC (against A1 to A3), to undergo one year rigorous imprisonment under section 324 IPC (against A2) and to undergo five years rigorous imprisonment for with fine of Rs. 500/- under section 326 IPC (against A3 ).

(2.) BRIEF facts behind this appeal can be narrated as follows:-Appellants are sons of one Kuthoos Basha (A4 before the Trial Court ). They are residing at Pudhupattinam within the jurisdiction of Kalpakkam Police Station. PW1 Abubucker, PW2 Mohammed Ali and PW3 Abdul Jafar are also residing at the same Pudhupattinam. PW4 Sheik Dawood is the Aunts son of P. Ws. 1 to 3. He is also residing at Pudhupattinam. The deceased Sheik Ali is also a brother of P. Ws. 1 to 3.

(3.) ON 11. 6. 1997 at about 1. 30 pm, A2 and A4 and another Sadhik Basha demanded auto-rickshaw for hire from Samsuddin who is another brother of P. Ws. 1 to 3. The said Samsuddin refused to come and so, A2 and A4 and another abused him in filthy language. At the same time, PW1 came there and on hearing the filthy language, he got angry and pushed down A2 Mohammed Unis. Immediately, A2 retaliated by attacking PW1 with chappal and shouted that he would finish off PW1s family with dire consequences. Thereafter, PW1 reported the dispute to the Jamath and the Jamath people replied that the matter would be enquired in the evening. Subsequently, on the same day, viz. , on 11. 6. 1997 at about 6. 00 pm, PW1 went to the house of his sister Fathima and found that A2 and A3 armed with knives and A4, and another accused viz. , Khan who is absconding, armed with an iron rod and shouting that they would finish the entire family of PW1. PW1 requested them to solve the dispute through the Jamath. Whileso, the sister of PW1 Fathima informed her husband viz. , Kaja Mohideen and her brother viz. , the deceased Sheik Ali about the threat made by the accused persons over phone. Thereupon, on hearing the threat of the accused persons, PW2 viz. , Mohammed Ali and the deceased Sheik Ali rushed to the house of Fathima in TVS 50 moped and it was driven by the deceased Sheik Ali. On seeing the deceased Sheik Ali and PW2 in front of the house of A4 Kuthus Basha, A1 viz. , Jafer Ali drove the Mahindra van rashly with the intention to hit Sheik Ali and somehow the deceased tried to escape, but, however, he was hit by the Mahindra van. But, at the same time, PW2 managed to escape by jumping from the motorcycle. At the same time, PW3 viz. , Abdul Jaffer along with Kaja Mohideen came to the spot in another motorcycle and witnessed the occurrence. Because of the hit made by the van, Sheik Ali was caught under the left rear wheel of the van and also A1 took the van in reverse direction and again hit the deceased and caused injuries. Further, A2 attacked PW4 Sheik Dawood with knife and caused injuries on his left hand. The absconding accused Khan also cut both the legs of PW4 and caused injuries. Further, while A3 Mohammed Kasim alias Kasim came running to attack PW1. PW1 was able to snatch the knife from A3 and attack A1, A2 and A4 who all were trying to attack PW1. On seeing the said occurrence, public gathered and broke the glasses of Mahindra van and the accused persons ran away from the scene of occurrence. Subsequently, PW1 sent the deceased Sheik Ali along with Sheik Dawood, PW4 to Chingleput Government Hospital where PW8 viz. , Dr. Chandramouleeswaran declared that Sheik Ali is dead and also gave treatment to PW4 and furnished Ex. P7 accident register copy. The same doctor also on the same day, gave treatment to A1, A3 and A4 and furnished Accident Register copies marked as Exs. P3, P4 and P5. A2 who was not injured in the occurrence went to the bazaar and threatened the shoppers to close their shops. So, out of fear, PW1 was staying in the house of his sister Fathima. Thereafter, at about 9. 00 pm, PW1 got information through phone that Sheik Ali was declared dead and then he went to the police station and preferred the complaint marked as Ex. P1 to PW15 viz. , Head Constable Sathiyadoss. On receipt of Ex. P1, PW15 registered this case in Crime No. 159 of 1997 and prepared printed FIR viz. , ex. P14 and sent the same to the Judicial Magistrate and higher police officials.