ABDUL SHAKOOR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Abdul Shakoor against his conviction under Section 211, Penal Code.

(2.) The facts of the case are not in dispute and may be briefly narrated.

(3.) Abdul Shakoor's brother Saddiq went with a number of persons towards Barmer in order to buy and sell sheep and goats. Abdul Sattar, Mohammad Husain, Chhotu, Sharif and Kalu were the persons who had gone with Saddiq. It appears that these persons returned about the end of October, or beginning of November, 1947 without Saddiq. This naturally caused anxiety to Abdul Shakoor, and he made enquiries as to why his brother had not returned. As a result of these enquiries, he made a complaint Ex. P1 to the Inspector General of Police of the former covenanting State of Jodhpur on 15th November 1947. In the complaint, after narrating the facts which I have mentioned above, Abdul Shakoor said that he made enquiries from Abdul Sattar & he told him that he did not know where Saddiq had gone. Thereafter, search was made for Saddiq; but he was not found. Consequently, Abdul Shakoor made enquiries from others, namely Chhotu, Sharif and Kalu, and they told him that Abdul Sattar had struck Saddiq on the ribs at night at Bankli and Saddiq had fallen down unconscious. Thereafter, these people had gone to sleep and did not know what Abdul Sattar did to Saddiq. As Saddiq did not appear and had not even been found on search, Abdul Shakoor made this complaint and expressed his suspicion in these terms- "I strongly suspect that Abdul Sattar had hit Saddiq with a lathi, as a result of which Saddiq died and Abdul Sattar had buried the body somewhere." Abdul Shakoor prayed for investigation in the matter.