ABDUL HAMID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE aforesaid two Criminal Appeals by the accused NO. 1 Shabbir and the accused No. 2 Hamid seek to challenge the order of the Sessions Judge; South Goa, convicting them under Section 302 read with Section 34 of the I. P. C. for committing murder of one Dangappa Pujari and sentencing them to imprisonment for life and to pay a fine of Rs. 2000/- or in default to undergo 6 months of imprisonment.

(2.) BRIEFLY, the prosecution case is that deceased Dangappa Pujari was residing with his family at Monto Dongor, Margao. Deceased Dangappa was working as a mason. Both the accused were also living in the same area and were also working as mason. The accused used to visit Dangappas house frequently. On March 2,1991 the accused Nos. 1 and 2 alongwith one Tipu Sultan came to Dangappas house and called Dangappa, who was sitting inside the house chitchatting with his father Bhirappa P. W. 4. Bhirappa asked his daughter Laxmi P. W. 3 to see who is calling Dangappa. Laxmi came out and saw accused Nos. 1 and 2 standing outside. Dangappa then came out and all of them went away on a motor-bike. Accused then took Dangappa to the Government forest at Matrojem and there the accused murdered Dangappa with blows of a knife and left his body in the forest. Since Dangappa failed to return after he left the house on the night of March 2,1991 Bhirappa started to search for Dangappa. After about 3 days, Bhirappa also lodged a missing report with the police. On May 4, 1991, one Madhu came to the Panchayat Office of Kirlapal-Dabal and informed P. W. 1 Ashok Patil, a member of Panchayat, that dead body of a person was lying in the jungle of Matojem. Thereupon, P. W. I informed the police about the discovery of the dead body. The police finally managed to recover the dead body from the forest on May 8, 1991. The F. I. R. then came to be recorded. The accused were arrested on May 17, 1991.

(3.) IT may be mentioned that the prosecution case is that besides the two accused, Tipu Sultan was also involved in the offence as he had accompanied the accused to the Government forest and that he had also taken part in the assault on the deceased. However, Tipu Sultan was not charged with the offence as he had been granted pardon in terms of Section 306 of Cr. P. C.