IBRAHIMKHAN PIRKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, along with co-accused Habibkhan Pathan, was tried for the murder of Ataullakhan under section 302 read with section 34 of the Indian Penal Code. The prosecution had in all examined 11 witnesses in support of the charge. The trial Court, after placing reliance on the evidence of P. W. 1 (Ismailkhan), father of the deceased Ataullakhan, P. W. 7 (Julekhabi), mother of the deceased, P. W. 3 (Nilkanth) as also other evidence on record, convicted the appellant for the offence of murder and sentenced him to life imprisonment as also fine of Rs. 5,000/-, in default R. I. for two years. The co-accused Habibkhan was acquitted of the charge. The appellant who was in jail since 1-5-1995 i. e. the date of commission of the offence, was given benefit of set off under section 428 of Cri. P. C.

(2.) THE prosecution case, in brief, is that some days before the incident in question, there was exchange of words between the appellant and deceased Ataullakhan on account of construction of wall; that co-accused Habibkhan is said to have given threats to Ataullakhan, deceased in respect of which a complaint was filed by deceased Ataullakhan on 29-4-1995.

(3.) ON 30th April, 1995, Ataullakhan had slept in the cattle shed and his father, P. W. 1 (Ismailkhan) was lying on the bed in the sitting room. At about 11. 30 p. m. , P. W. 1 (Ismailkhan) heard shouts, "oh Bapare Mar Gaya" of Ataullakhan. He immediately got up and took the battery in the hand and lighted the same through window and saw that the appellant giving blow with axe to Ataullakhan. He also saw co-accused standing there. He shouted and rushed towards Ataullakhan and his wife followed him. He saw the appellant running towards western side and the co-accused ran towards northern side. He found that the appellant was running with axe and Ataullakhan was lying in the pool of blood. He, accordingly, went to the Police Station and reported the matter. The appellant was arrested after mid-night and axe was recovered at his instance and his blood stained clothes were attached. The attached items were sent to chemical analyser, who found blood on the axe as also on the shirt of the appellant.