ABDUL RAZAK SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence of murder of his brother under S. 302 of the I.P.C. and sentenced to life imprisonment by the learned 3rd Additional Sessions Judge, Thane, in Sessions Case No. 102 of 1983, decided on 19th Aug. 1983.

(2.) The prosecution case was that the deceased Shaikh Ibrahim Shaikh Ismail and the accused along with their mother and other relations previously resided in the same house at Ulhasnagar. Due to household difficulties Abdul Razak, the accused, started living separately in the same compound but in a different house. The deceased was working as a taxi driver. The accused was employed in a Burner factory at Ulhasnagar at a distance of about 2 km. from the house. The prosecution alleged that there used to be quarrels between the accused and deceased and also between the deceased and the wife of the accused. On 25th Oct. 1982 at about 12 noon there was a quarrel between the deceased arid the wife of the accused. The wife of the accused went to the Burnal factory where her husband was working and told him about the quarrel with the deceased Thereupon the accused rushed to his house and stabbed the deceased with a sword-stick (Gupti). As the stab was on the abdomen, the deceased fell on the ground with a bleeding injury. P.W. 1 Ajgar Ali arrived on the scene and took the deceased in a rickshaw to the police station and narrated the incident to the police. His F.I.R. was recorded Soon thereafter the accused appeared at the police station and he produced the sword-stick before the P.I. The P.I. found the blade of the sword stick stained with blood. He also found that the clothes on the person of the accused were stained with human blood The clothes from the person of the accused and the sword-stick produced by him were seized by the police after drawing up panchanama. The deceased was sent to the hospital where he succumbed to the injury. During investigation the sword-stick and the clothes of the accused, clothes of the deceased and other articles were sent to the Chemical Analyser. The Chemical Analyser found that the blade of the Gupti was stained with human blood. He also found that the clothes of the deceased and those of the accused were stained with human blood of A, B, group. The blood of the accused was also taken and was sent to the Chemical Analyser. It was found of 'A' group. The statements of various witnesses were recorded during the investigation. The accused expressed his desire to make confession and, therefore, he was sent to the Judicial Magistrate, First Class, Ulhasnagar. The learned Judicial Magistrate, F.C. questioned him as to whether he willingly wanted to make confessional statement and after recording his answers, he remanded him to the magisterial custody and gave him 48 hours' time for reflection. The accused was produced again before him after 48 hours. The learned Magistrate again inquired of him whether he voluntarily wanted to make confessional statement. He also warned him that in case he makes voluntary statement, it, could be used at the trial against him. As the learned Magistrate found that the accused was ready to make confession voluntarily, he recorded his statement in Hindi, in the language in which the accused made the statement. The accused stated before the learned Magistrate that he stabbed his brother with Gupti and caused his death. After completing the investigation, charge-sheet was submitted against the accused in the Court of the Judicial Magistrate, First Class, Ulhasnagar for the offence punishable under S. 302 of the I.P.C. The learned Judicial Magistrate committed the case to the Court of Sessions.

(3.) The learned Additional Sessions Judge charged the accused for the offence of murder punishable u/s 302, I.P.C. for intentionally causing the death of his brother Shaikh Ibrahim Shaikh Ismail. The accused pleaded not guilty to the charge. His defence was of complete denial.