SHAMSUDDIN ROSHANALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL the six appellants - accused before the trial court were convicted for different offences including offence under section 302 read with 34 of I. P. C. as per the judgment of the Additional Sessions Judge, Greater Bombay dated 18.12.1991 in Sessions case No. 857 of 1989.

(2.) THIS matter was shown on the board for final hearing, but when the matter was called out nobody appeared for the appellants - accused even though names of the advocates of the appellants- accused were shown on the board. We therefore heard the learned A. P. P. who took us through the entire evidence of the prosecution, the judgment and the important exhibits and made his submissions.

(3.) ACCORDINGLY, accused Nos. 3, 5 and 6 took deceased Mumtaz Hussein to the spot and he was followed by his wife P. W. 1 Mirajbegum, P. W. 7 Hazarabegum, one Samdanibegum and Nooral Hassan - all inmates of the house or relatives who come to him at or about the same time for celebrating Idd. Accused Nos. 3, 5 and 6 took deceased Mumtaz Hussein near the compound wall which was at the distance of 30 feet from the house of the deceased. Accused Nos. 1 and 2 were already present there and when they saw deceased Mumtaz Hussein, they started abusing him. Accused Nos. 5 and 6 were abusing P. W. 1 Mirajbegum and P. W. 7 Hazarabegum and accused No. 5 pulled the hair of P. W. 7 Hazarabegum and accused No. 6 gave a blow of bamboo stick on the head of P. W. 7 Hazarabegum. Nooral Hassan - husband of P. W. 7 Hazarabegum was trying to pacify the accused. At that time accused No. 2 had an open knife which he was advancing towards deceased Mumtaz Hussein and saying "mar Dalo Isko". At that time accused No. 4 Smt. Hamidabegum was standing on the first floor of the building from where she threw a knife near accused No. 1 and asking him to take the knife. Accused No. 1 picked up that knife and had opened the same. Thereafter, accused Nos. 2 and 3 asked the accused No. 1 to stab Mumtaz Hussein with that knife. At that time Miraj Kaisar Baig (P. W. 3) also came to the spot and on seeing him the deceased Mumtaz Hussein raised his left hand and called him. When accused No. 1 Shamsuddin stabbed Mumtaz Hussein with the knife in his hand on the left hand side of his chest. As a result of the blow Mumtaz Hussein sustained injury and fell down, then accused ran away.