SALAMUDEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mehandi Hassan aged about 12 years son of Fakira (PW- 4), the first informant, had abused accused Salamudeen in the morning of June 19, 1995. At about 8.00 A.M. the same day, Mehandi Hassan, accompanied by Imran and Yamin (PW- 3) also of his age, went to the Government forest adjoining the village for grazing the cattle. A short while later, Fakiria also followed to collect fire wood. At about 11.00 A.M., he heard the cries of his son from the side of the drain and on going that side saw him lying on the ground and the accused attacking him with an axe. Imran and Yamin also came running to the spot. On seeing the three coming forward, the accused ran away into the jungle carrying the axe with him. On a close look, the three found that Mehandi Hassn's neck had been almost severed from the body killing him almost instantaneously. The dead body was taken to the village and was kept in the Baithak of Fakiria's house while Fakiria made his way to Police Station, Chhachhrauli and lodged a report at 7.00 P.M. giving full details of the incident. The special report was delivered to the Illaqa Magistrate at 11.00 P.M., the same night. Salamudeen was arrested subsequently and on the completion of the investigation, he was charged for an offence punishable under Section 30 of the Indian Penal Code and as he pleaded not guilty, was brought to trial.

(2.) In order to prove its case, the prosecution relied on the evidence of PWs. 3 and 4 Yamin and Fakiria, respectively, the two eye-witnesses and PW-5 Dr. M.R. Passi, who had conducted the post-mortem examination on the dead body and had found 5 incised wounds thereon.

(3.) The prosecution case was then put to the accused and his statement recorded under Section 313 of the Code of Criminal Procedure. He denied the allegations and pleaded false implication.