STATE Vs. ABDUL HAFIZ

JUDGEMENT

(1.) THIS is a confirmation case. The Sessoins Judge, Hyderabad and Secunderabad, by judgment dated 31-7-1953, had convicted and sentenced the accused, Abdul Hafeez Khan, to death for the murder of one, Khulsum Bi, aged 5 and has. forwarded the file for confirmation. The accused has also appealed. Tho confirmation case is No, 483, register No. 6 of the same year. We have heard the arguments of the learned advocate, Shri Vasudeva Pillai, for the appellant and that of the learned Senior Government Advocate, Shri Mohd. Mirza for the State.

(2.) THE facts alleged by the prosecution are that on 14-2-1953 between 5-6 p. m. , the accused carried away the tiny girl, Khulsum Bi, who was wearing some cheap gold and silver ornaments from Imambada locality, Yakutpura, removed the ornaments and threw the girl into a well; and that, later on, the same evening he sold the ornaments to one Sagarmal, P. W. 8 for Rs. 13. The First Information Report was issued on 15-12-1953 and reached the court on the 16th. The inquest was also held on the 15th and the inquest report forwarded to the court on the 10th. The prosecution has adduced 14 witnesses.

(3.) P. W. 1 is Mehboob Khan, the father of the deceased. P. W. 2 is Rashiduddin, the panch of the recovery of the ornaments. P. W. 3 Mohd. Ali is the panch of the inquest report. P. W. 4 Jehangir Khan is the uncle and the adoptive father of the deceased and the first person to lay information to the Police that the girl was missing. P. W. 5 is Dr. Bhusan Rao who did the postmortem examination and who has deposed that death was due to drowning. P. W. 6 is Meeran Sheriff and P. W. 7 Yasin Bi, his wife. Both those witnesses have deposed that they witnessed the accused carrying the girl at about the time of occurrence. P. W. 8 Sagarmal and P. W. 12 Ganshamdas are sowcars to whom it is said the ornaments were sold and from whose possession they were recovered at the instance of the accused. P. W. 9 Vazir Bi is the woman who sells 'murukuls'. She has deposed that she witnessed the accused carrying the girl and for whom she purchased a 'murkul'. P. W. 10 Hajizur Rahman is the photographer who has taken a photo of the corpse of the child. P. W. . 1. 1 is Ilussain Baig who has deposed that the accused slept with him in the night between 14th and 15th February. P. W. 13 Amina Bi is the mother of the deceased and P. W. 14 Sadhashiv is the Investigating Officer.