MUSA Vs. EMPEROR

JUDGEMENT

(1.) THE appellant Mohammad Musa, who is 16 years of age, has been convicted by the Sessions Judge, Saugor, Under Section 302, I.P.C., for the murder of Mohammad Ishaq, aged 25 years, which took place on the night of, 17th March 192/8, and has been sentenced to death.

(2.) THE corpse of Mohammad Ishaq who was Pesh-Imam of Kasai Mandi Mosque and who was present at the taravi prayer on the night of 17th March, was seen lying near the railway line by many persons on the morning of 18th March, and one of them P.W. 6 Hussaini went to the Police Station House, and made a report, which is Ex. P. 1. After inquest, the corpse was sent to the mortuary and Assistant Medical Officer Deo Rao held the postmortem examination. He found a number of injuries, which have been mentioned in para. 9. of the Sessions Judge's judgment and expressed the opinion that death was due to fracture of the skull, that the injuries found on the body could have been caused by the knife Article A, that the deceased was not of a weak constitution and was much older than Musa, that it was improbable that) accused Musa would have singly inflicted the wounds on the deceased and that blood must have passed profusely from the body. It is thus clear that Ishaq was murdered by some person or persons, between 9 p. m. and 6 a.m.

(3.) THE next important point which is established will be of great help in deciding this case, is the question of motive, the feeling or reason which actuated the appellant to commit this brutal murder. This learned Sessions Judge in paras. 2 and 3 of his judgment, has stated the prosecution case, regarding motive, in these words: The accused Musa and he (Iahaq) had been friends for some time and addicted to sodomy. The accused, however, a few months before the murder became friendly with Mohammad Siddiq P.W. 1, who is about 14 years of age and between them also sodomy took place. Ishaq, aggrieved by the cessation of Musa's friendship, sent him numerous letters expressing his sorrow and hope for a resumption of their former relations...Musa who had lost interest in Ishaq was irritated by these letters and by the taunt of "Ishaq ka gandu" and eventually decided to kill him.