RIYAZ Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal filed under Section 374(2) of the Criminal Procedure Code, the appellant who has been convicted for the offence punishable under Section 302 of Indian Penal Code, as also under Section 324 thereof with imprisonment for life and rigorous imprisonment for three months respectively, is before this Court. The incidence is dated 09.07.1997 and prosecution claims that the appellant committed murder of one Sk. Nabbo and injured P.W. 2 Shamiullakhan on that day. Appellant was arrested on 09.07.1997 and this Court granted him bail on 26.03.1999. Accused as also P.W 1 Jubedabegam are residents of Tajbagh locality and neighbours. On 09.07.1997 when Jubedabegum was sitting outside her house cleaning rice for cooking, accused asked her not to talk with his mother and brother. This resulted in exchange of words, Jubedabegum claims that she was abused and beaten. She reported the matter to police station, Sakkardara. After lodging report, when she was coming back, she found the accused standing in lane. He again abused and threatened to kill her because of report lodged. She went back to the police station and officer at the police station sent two constables to bring the accused to the police station. Accused in the meanwhile had left the area. The complainant informed the incident to neighbours who included deceased Nabbobhai and witness Aslamkhan. These persons assured the complainant that they would try to convince & pacify the accused. At about 2 P.M., she was proceeding along with her sister Noorjahan and her husband Shamiullakhan (P.W. 2). The said sister and sisters' husband had come to enquire about the morning incident. They found accused standing at the door of his house, hence they went near the house of the accused and Shamiullakhan tried to pacify him, but the accused was not in a mood to listen. Sk. Nabbi @ Nabbobhai (deceased) arrived at the spot and he also attempted to persuade the accused. Accused/appellant Mohd. Riyaz did not appreciate the intervention of Nabbobhai; took out a spear head from above the door frame of his house and assaulted Nabbobhai with it. Blows were given on abdomen and thighs. With the result, Nabbobhai fell down. Shamiullakhan attempted to prevent further attack on Nabbobhai and accused delivered blows of spear head on his chest and shoulders. P.W. 6 Aslamkhan watching the incident, rushed to the spot and caught hold of the accused along with Shamiullakhan and dragged him at some distance. Other people also gathered at the spot.

(2.) Complainant -Jubedabegum along with one Sanuallakhan (P.W. 5) rushed to police chowki at Tajbagh and P.S.I. Mahalle sent two constable to the spot. He also sent a message to Police Station, Sakkardara. It was received by P.S.I. Vijay Bagde. Shri Bagde and Shri Mahalle also rushed to the spot. Mohd. Riyaz was caught on spot with weapon by the constables. The police machinery then completed usual formalities, injured Nabbobhai was taken by people to the Medical College and Hospital in an auto-rickshaw. On the basis of the report lodged by Jubedabegum, offence under Section 324 and 307 of the Indian Penal Code was registered.

(3.) Nabbobhai succumbed to his injuries on the way to hospital and hence, Section 302 of Indian Penal Code came to be added. Spot Panchnama was prepared. Blood mixed earth and sample earth, clothes of deceased and accused were seized and blood sample of accused was also drawn. After completing the investigation, charge sheet came to be filed on 06.10.1997 and case was committed to the Court of 2nd Extra Joint District and Additional Sessions Judge, Nagpur. The appellant pleaded not guilty and came to be tried.