STATE OF MAHARASHTRA Vs. SHAIKH JAFAR SHAIKH SANDU

JUDGEMENT

(1.) This Criminal appeal by the State is directed against the order of acquittal passed by the learned Additional Sessions Judge. Aurangabad, dated April 20, 1978. It is not necessary to give detailed facts of this case since we are inclined to confirm the order of acquittal passed by the learned Additional Sessions Judge. However, brief and relevant facts are required to be stated, which are as under.

(2.) One Shaikh Abbas son of Shaikh Manik P. W. 1 was murdered in a field bearing Survey No. 198 situated at village Khandala. Shaikh Manik P. W. 1 was residing in a hut in the said land along with his wife Chandbi P. W. 4. His son deceased Shaikh Abbas along with his wife and children was jointly residing with his parents in the said hut situated in the said field it self. One Shaikh Chand P. W. 2 was also residing in the adjoining field. Shaikh Manik's other two sons were residing in village Khandala with their respective families. Deceased Abbas and his brother Razzak together had taken on lease the field belong to one Fakir. It was the inam land. The Said mam is just situated adjoining the field of the accused. A water channel was passing by the common bandh of the said field. The accused who are brothers inter se were obstructing deceased Shaikh Abbas and Razzak in taking water from the said channel. There used to be quarrel between the accused on the one hand and deceased Abbas and Razzak on the other over taking water from the said channel. About 12 months prior to the date of the incident, the accused had even assaulted deceased Shaikh Abbas on account of taking water to the field. It is because of the water dispute between the deceased and the accused, their relations were strained. It is further case of the prosecution that Hasinabai P. W. 13 wife of accused No. 1 Jafar alleged to have illicit relations with deceased Shaikh Abbas. Accused No. 1 Jafar was suspecting that Abbas had illicit relations with his wife and account of the said affairs also the relations between the parties were strained.

(3.) On the night between November 12, 1976 and November 13, 1976, deceased Abbas and his mother Chandbi P. W. 4 were sleeping just in front of the hut in the said land, while Shaikh Manik P. W. 1 and minor son of deceased Abbas were sleeping inside the hut. Bashirabai P. W. 12 wife of deceased Abbas had been to the village Khandala for some work, but as it was late, she did not return back and stayed in the village house. It is the prosecution case that about 10.00 p.m. Shaikh Manik P. W. 1 heard shrieks of his son Abbas and on hearing the noise, he as well as his wife Chandbi P. W, 4 got up and saw that accused No. 1 was sitting on the chest of Abbas and accused Nos. 2 and 3 were assaulting him. Accuesd No. 1 had a dagger in his hand and with that dagger he inflicted an injury in the abdomen of Shaikh Abbas resulting the coming out of the intestine. When Nanik and his wife Chandbi tried to intervene, the accused assaulted them with the dagger and sticks. Accused No. 1 is alleged to have given a dagger-blow to Chandbi on stomach, while accused Nos. 2 and 3 assaulted Shaikh Nanik with sticks. It is further alleged that accused No. 2 had a torch in his hand. Shaikh Manik while intervening, snatched the said torch from the hands of accused No. 2 and in that torch light he identified at ail the accused persons. On account of the stabbing injuries, Shaikh Abbas died on the spot and instantaneously. The accused there-after ran away from the said field.