MUHAMMAD IBRAHIM SAHIB Vs. SHAIK DAWOOD

JUDGEMENT

(1.) In this case the Police preferred a charge sheet against two persons, Shaikh Davood and Mahamed Abu Baker for offences under Section 304 A or 326 of the Indian Penal Code, by beating one Sultan Marakayar and causing his death. The Magistrate after hearing the prosecution evidence held that death was not the result of the beating and framed a charge under Section 323 of the Indian Penal Code only. Accused entered on their defence and adduced evidence. After the close of the defence evidence the defence pleader drew the magistrate s attention to a ruling of the Punjab Chief Court reported in Labhu v. Emperor (1919) 52 I.C. 797 and argued that owing to the death of the person injured the charge against the accused must be held to have abated. The magistrate accepted this contention and closed the case without recording any judgment of conviction or acquittal.

(2.) The present revision petition is filed by one Muhammad Ibrahim Sahib, son-in- law of the deceased Sultan Marakayar. He was examined as 4th prosecution witness in the case; and it was he who reported the occurrence to the Village Munsiff and to the Police (vide Exhibits C and D) on 18-2-1919, the day after the occurrence. Sultan Mrakayar died on 20-2-1919. The Police charged the case on 21-3-1919.

(3.) It was found impossible to serve the 2nd accused Mahamed Abu Baker, and with the consent of the petitioner, the petition in so far as it affected him was dismissed on 29-10-1920. It remains to consider what orders should be passed as regards the case against the 1st accused, Shaikh Davood.