ABDUL FAROOK Vs. STATE

JUDGEMENT

(1.) THIS is a case of double murder, in which the Appellant Abdul Farook faced his trial along with 2nd accused Asraf Ali and 3rd accused Rameela Beebi in Sessions Case No. 239 of 1987, before the Principal Sessions Judge, Madurai. Five charges have been framed against all the three accused First charge relating to the allegation that the appellant/1st accused on 16 -6 -1987 at about 12.30 p.m. in front of the house of one Allavudeen situated at second lane, Arunachalapuram in Ismailpuram 19th street, Madurai, caused the death of one Alima Beebi, and thereby he committed the offence under Section 302 of Indian Penal Code. The second charge relating to the offence under Section 302 read with 109 I.P.C. against the 2nd accused for having instigated the Appellant to cause the death of one Jailani. The third charge was framed against the Appellant, alleging that he with M.O.I, knife stabbed the said Jailani during the course of the same transaction by inflicting injury on her left chest and thereby committed the offence under Section 302, I.P.C. The fourth charge relating to the accusation framed against the 3rd accused Rameela Beebi, that on the same day, at the same time, during the course of same transaction, she wrongfully restrained the said Jailani from proceeding further, thereby she committed an offence punishable under Section 341, I.P.C. The fifth charge was in respect of the offence under Section 302 read with 34, I.P.C. against the 3rd accused Rameela Beebi, alleging that she shared the common intention along with the appellant/1st accused, who caused the death of Jailani.

(2.) ON termination of trial, learned trial Judge, found the Appellant alone guilty under Section 302, I.P.C. (two counts) and sentenced him to undergo imprisonment for life for each count. Substantive sentences were directed to run concurrently. However, accused 2 and 3 were acquitted. We shall refer, hereinafter, Alima Beebi as 1st deceased (D1) and Jailani as 2nd deceased (D2)

(3.) ALLAVUDEEN , the husband of D2 Jailani is doing business in fruits near Chinthamani talkies. Samsudeen, who is the husband of 3rd accused Rameela Beebi is also doing the business in fruits, near Dinamani talkies. Allavudeen used to supply fruits to Samsudeen in the morning and Samsudeen will sell the same in retail and pay the money due to Allavudeen in the evening. For sometime Samsudeen was not paying the amount regularly. He would pay only half of the amount, that too, on some days. Therefore, Allavudeen insisted Samsudeen to pay dues in full. However, Samsudeen did not pay the same as demanded by Allavudeen. So, Allavudeen stopped the supply of fruits to Samsudeen and instead, started supply to P.W.4 Subbiah, who was also doing business in fruits, near Dinamani talkies. Due to this, misunderstanding developed between Allavudeen and Samsudeen.