MANJOOR KHWAJA HUSAIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and Order dated 26-11-1993, passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.1299 of 1992 convicting and sentencing him to undergo imprisonment for life under section 302 IPC has come up in appeal before us.

(2.) THE prosecution case in brief runs as follows :- THE informant Mohammed Jaffer Mohammed Hussain PW.1 is the son of the deceased Jaffer Mohammed Hussain. THE deceased had a pan bidi shop near Mecca Masjid. On 16-9-1992, at about 5.30 p.m. P.W.2 Akbar Lal Mohammed went to the bidi shop of the deceased who was his uncle. At about 9.30 p.m. the deceased after returning from namaz, was standing in front of a saloon, belonging to one Chandrappa. At that time, the appellant who was the husband of the sister of Akbar Lal Mohammed came running towards the saloon. When he reached the saloon, he had an altercation with the deceased. During the course of the altercation, he felled down the deceased in the door of the saloon. THEreafter, he picked up a pair of scissors from the saloon and started inflicting blows with it on the chest of the deceased. On seeing the appellant, assaulting the deceased, Akbar Lal Mohammed wanted to shout but, did not do so lest the appellant might assault him. He ran to the house of his cousin brother P.W.1 Mohammed Jaffer Mohammed Hussain, (son of the deceased) which was near the place of the incident. When he reached the house of Mohammed Hussain, the latter was having his meals. He told Mohammed Hussain that the appellant was assaulting the deceased in the saloon. THEreafter he hid in the house of Mohammed Hussain and Mohammed Hussain went to the place of the incident. Reaching there, he found that the deceased had been bleeding profusely on account of the injuries on his chest. It appeared that he was not breathing. He called an autorickshaw and took the deceased on the same to Cooper Hospital where, the doctor informed him that he was dead.

(3.) GOING backwards, the autopsy of the dead body of the deceased Jaffer Mohammed Hussain was conducted on 17-9-1992 between 3.30 p.m. and 4.30 p.m. by P.W. 4 Dr.Baban Shinde. On the dead body, the doctor found the following antemortem injuries :- (1) Incised piercing wounds 8 in no. over left side of umbilicus parallel to each other, in three rows. 1st row 2 injuries, 2nd row 3 injuries, 3rd row 3 injuries horizontal, size: 1 cm x 0.5 cm. Injury no.1,2,4,5 are cavity deep while others muscle deep. Single edged. (2) Incised piercing wounds size 1 cm x 0.5 cm X cavity deep on inguanal region parallel to each other. (3) Stab wound 1 cm x 0.5 cm X cavity deep over sternum vertical at level of nipple single edged. (4) Two minor abrasions over left Hypochondriac region. On internal examination, the doctor found that the sternum, precardiam and arota had been ruptured. In the opinion of the doctor, the deceased died on account of shock and hemorrhage due to rupture of arota. The pair of scissors recovered at the instance of the appellant were shown to Dr.Shinde during the course of his deposition and he opined that the ante-mortem injuries of the deceased could be caused by them. Dr.Shinde also opined that the stab injury on the nipple was necessarily fatal and cumulatively the ante mortem injuries suffered by the deceased were also necessarily fatal.