TAWHIDUL HAQUE SIDDIQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocates for the parties.

(2.) THE applicant Tawhidul Haque Siddiqui along with accused No.2 S.Riyasat Ali was charged for offences under Sections 302, 323, 324 read with Section 34 of IPC and Section 27 of the Arms Act. The prosecution case in short was that the complainant Riyasat Ali is the husband of the accused no.2. Accused No.2 was having illicit relations with accused no.1. On the date of the incident i.e. 6th October 1977 Riyasat Ali along with his cousins Vazid Ali and Virasat Ali went to the room of accused No.2 at Tagore Nagar. On seeing Riyasat Ali, accused No.2 got enraged and she started abusing Riyasat Ali. Then she began to assault Riyasat Ali. Vazid Ali tried to intervene in order to save Riyasat Ali from accused no.2. He caught hold of the hands of accused no.2. Whilst the struggle was going on, accused no.1 i.e. the present applicant arrived at the scene with a double barrel 12 bore gun and fired the gun at Virasat Ali who was standing in the verandah. Virasat Ali fell down dead. Thereafter accused no.1 aimed a second shot at Riyasat Ali, but both Riyasat Ali and Vazid Ali caught hold of him and prevented him from firing the shot. Shortly thereafter police arrived at the spot. They disarmed the accused No.1 of the gun which was in his hand and placed him under arrest. The accused Nos. 1 and 2 were tried by the learned Sessions Judge who accepted the evidence led by the prosecution and convicted the accused nos. 1 and 2 for the offences mentioned above.

(3.) AS regards the charge under the Arms Act, the Division Bench observed in para 36 as follows :