SHAIK ABDUL WALI Vs. SHAIK SHAKEEL

JUDGEMENT

(1.) The petitioner seeks cancellation of bail. The Respondents 1 and 2 herein are A.1 and A.2 in Crime No.259 of 2004 of Musheerabad Police Station. Hyderabad. The brother of the petitioner, by name Mohd, Khaja was allegedly murdered by Respondents 1 and 2 herein on 27.7.2004.

(2.) The case of the prosecution was that the deceased was doing business in plywood under the name and style of M.M.Traders. One month earlier to the incident in this case he started business of welding by the side of his plywood shop. Respondents 1 and 2 who were also having welding shop started threatening the deceased and his partner, by name, Satiar asking them to close the business as their business was affected. They even asked the house owner of the deceased to get him vacated. Having entertained the motive in their minds, it is said that on 20.7.2004 at about 2.00 p.m., while the deceased was sitting at his shop, Respondents 1 and 2 come there along with petrol tin. While the second respondent caught hold of the deceased tightly, the first respondent poured petrol upon him and set fire with a matchstick. The nephew of the deceased, by name, Mohd. Anwar when tried to rescue but even after setting fire, the respondents poured petrol on the deceased, to the process, the second respondent also received burn injuries. The deceased sustained 90% burn injuries and died on 24.7.2004 in the hospital due to shock due to burn injuries.

(3.) The Respondents 1 and 2 were arrested in the month of July, 2004. They were directed to be released by an order 20.9.2004 passed in Crl.M.P.No.2531 of 2004 by the learned I Additional Metropolitan Sessions Judge, Hyderabad.