DILMOHAMMAD ALIAS MUSLIM SHEIKH Vs. EMPEROR

JUDGEMENT

(1.) The appellant Dilmohammad alias Muslim Sheikh (aged 35 years) has been convicted of murder of Hari Moira and has been sentenced to transportation for life under Section 302, Indian Penal Code. The trial was held with the aid of four assessors of whom two thought that accused was guilty under Section 302 while two thought that he was guilty under Section 304 of the Code.

(2.) The occurrence took place on the evening of 29 September 1940, not far from Madhukunda liquor shop. The prisoner and Chhedi Goala had bought a bottle of liquor in that shop and had drunk some of the contents, but the evidence is not clear whether they had consumed the whole. They had left the shop and another party had come into the shop to drink. They were Fakir (P.W. 8), Sobha Manjhi (P.W. 4) and Hari Moira the deceased. At a little distance outside were Sushila (P.W. 1), who was a concubine of Hari Moira, and Kutri (P.W. 2), wife of Fakir, and with them Kutri's three years old daughter, Seba, whom Sushila was holding in her arms. The women were accosted by Chhedi who pulled at the sari of Sushila. She cried out and thereupon the appellant Dilmohammad stabbed her with a knife inflicting injuries both on her and on the child. Hearing the outcry Fakir, Sobha Manjhi and Hari Moira came out to protest whereupon the appellant stabbed in quick succession, first Hari Moira, then Fakir and then Sobha. These persons then ran back towards the liquor shop. From it Khedar Miyan (P.W. 13) the manager of the shop came out with a lantern, asking what had happened. He was told by Hari that "this man (pointing to accused Dilmohammad) has stabbed me." Dilmohammad fled away, and Khedar sent Chanda (P.W. 12) a peon of the shop to bring a doctor. On the way Chanda informed three chaukidars whom he met at the railway station as to what had happened. These chaukidars are Abinash Bauri (P.W. 5), Mahesh Bauri (P.W. 6) and Jugal Bauri (P.W. 7). The doctor, Babu Jagat Joy Mazumdar came too late: Hari Moira was dead by the time he arrived. The assistant station master, Babu Kalipada Saha and a coal merchant Babu Sucheshwar Rao also came to the place. As they were still on their way to the liquor shop they met some persons coming towards the station and along with them was the appellant. The chaukidars arrested him. When they came near the liquor shop the appellant escaped but was pursued and rearrested. At that time he was struck with lathis and received some injuries. A knife was taken from him which was subsequently sent for chemical examination and found to be stained with blood, but the Bouroe of the blood could not be proved in consequence of its disintegration.

(3.) The prosecution have examined as witnesses Sushila and Kutri who describe how they were accosted by Chhedi and how Dilmohammad stabbed Sushila and the child. The child was aged only about three years and was too young to be examined. Fakir and Sobha Manjhi have been examined to prove how on hearing the alarm they came out to protest and that Dilmohammad stabbed Hari and both these two witnesses. Khedar Mian the manager of the shop proves how hearing the alarm he came out. He proves that Hari told him that he had been stabbed by this accused; and the subsequent phases are described by this witness, by the peon Chanda, by the chaukidars Abinash, Mahesh and Jugal and by the doctor and the assistant station master.