MAHMOOD Vs. STATE

JUDGEMENT

(1.) I agree with my learned brother that Mahmoods conviction under Sec. 302, I.P.C. should be upheld, but his sentence should be reduced to imprisonment for life. I would like to add a few words to explain the proper approach in cases of homicide committed under provocation.

(2.) IN order to bring his case under Exception 1 to S. 300 I.P.C., an accused has to establish the following ingredients :

(3.) THIS is an appeal by Mahmood against his conviction under Sec. 302, I.P.C. for the murder of an old man by the name of Ram Charan and the sentence of death, passed on him by the learned Additional Sessions Judge, Aligarh. The prosecution case against him briefly was this : The deceased Ram Charan was a merchant who attended various exhibitions for the purpose of selling his merchandise. In December, 1959, he went to the fair at Saroli. There he met the accused Mahmood and a youth by the name of Nasim. At the close of this fair Ram Charan decided to move on to another fair which was to be held at a place called Sikandera Rao. Mahmood and Nasim accompanied him. They reached that place on the 18th of Dec -and engaged a room in a dharmshala near the Railway Station. The three of them visited the exhibition grounds and looked around for suitable stalls for their use. After this they returned to the dharmshala. Ram Charan who knew how to cook, prepared a meal for the party. Later, on going inside the room he discovered that some one had removed a sum of Rs. 50/ - which he had kept in a peti. He suspected the accused Mahmood and openly accused him of theft. The latter denied the charge but Ram Charan persisted in this accusation. This led to hot words and mutual abuse. Ram Charan thereupon left the room but Mahmood followed him and stabbed him with a knife several times. Ram Charan collapsed in the verandah and Mahmood tried to escape. However, while escaping from the dharamshala he was seen by a man called Balm Khan who tried to arrest him. Mahmood however, shook him off by stabbing him with his knife. By this time there was a general alarm and several persons turned up and gave chase. They caught up with Mahmood in a field and pelted him with bricks. He fell down and was caught.