Back
SUPREME COURT OF INDIA
R.S. SARKARIA, P.N. SHINGHAL AND O. CHINNAPPA REDDY, JJ.
Mohd. Mytheen Shahul Hameed, Appellant
Versus
The State of Kerala, Respondent.
Criminal Appeal No. 36 of 1973
Decided on 1-8-1979.
Indian Penal Code,1860 – Section 299(1),300,304,302,324,323 r/w 34 – Criminal Procedure Code,1973 – Section 313 - Offence of murder - Appellant, was a Class IV employee in Accountant Generals Office, deceased who had studied up to pre-degree course, was residing about 2 or 3 miles away from city (P. W. 1), brother of the deceased, was studying for B.Sc. degree course, at the relevant time - Appellant who was original accused 1, and one who was original accused 2, gave a beating to friends of deceased - After that beating, both assailants were waiting for a bus at Statue Bus Stop near University College - Deceased and his brother, P. W. 1, came to the bus stop, where they learnt from their friends about their beating - Deceased then slapped appellant and a scuffle ensued - By-standers interceded and separated them - Appellant proclaimed that he would see that deceased did not beat any person any more - Two days thereafter, appellant and his three co-accused were standing at the bus stop called Spencer Junction near south-eastern gate of University College - Deceased and his brother, P. W. 1, alighted from a bus at a University College Bus Stop and proceeded south along main road towards the India Coffee House, where their friend, one had invited them to tea to celebrate latter’s appointment in the Syndicate Bank - Within five minutes, Police van arrived and remove to the Medical College Hospital, while P. W. 1 went to Cantonment Police Station, 300 metres away, and lodged First Information Report, deceased was examined on his arrival in Hospital and was declared dead by the doctor - Appellant and accused 2 and 3 were arrested while 4th accused was arrested later - Whether they had become so bold as to come from their house there to main road to settle matters – Held, as regard Exception IV to Section 300, Penal Code, same also is not attracted - It is impossible to believe that deceased and his companions came prepared for a fight - Deceased was empty-handed - Assertion of the appellant that deceased came armed with a chopper with which he caused an injury to deceased, was manifestly false - No such chopper was found or discovered - Version of the appellant was that he had snatched away that chopper from the deceased and used it against him - This was also patently untrue - Appellant could produce that chopper before the police - He did nothing of the kind - Moreover, as already observed nature of skull-fracture underneath the injury as noted by the medical witness shows that injury on the head of appellant was not caused with a cutting weapon but with a blunt weapon like an iron-road - Similarly, injuries found on back and chest of deceased were caused with a stabbing weapon - Thus, deceased being unarmed, did not and could not cause any injury to appellant - There was no mutual exchange of blows between appellant and the deceased - Assault on the deceased of appellant was deliberate and pressed with determination, when the victim was fleeing for his life - Other contentions advanced by counsel for appellant were raised before High Court also, and were rightly negative - Court are in entire agreement with reasoning employed and conclusions drawn by that learned Judge of the High Court - Appeal dismissed.
JUDGMENT
SARKARIA, J.:— This appeal by special leave is directed against a judgment, dated July 28, 1972, of the High Court of Kerala, whereby the appellants conviction under Section 299 (1) (Section 304?), Penal Code was converted into one under Section 302, Penal Code, with a sentence of imprisonment for life. The facts of the prosecution case, as found by the Court below, are as under :
2. Shahul Hameed, the appellant herein, was a Class IV employee in the Accountant Generals Office, Trivandrum. Vijayachandran, the deceased who had studied upto the predegree course, was residing at Pettah, about 2 or 3 miles away from the city of Trivandrum. Mohanchandran (P. W. 1), the brother of the deceased, was studying for the B.Sc. degree course, at the relevant time.
3. On March 5, 1970, the appellant who was original accused 1, and one Perumal who was original accused 2, gave a beating to Ramchandran, and Suseelan, friends of the deceased. After that beating, both the assailants were waiting for a bus at the Statue Bus Stop near the University College. The deceased and his brother, P. W. 1, came to the bus stop, where they learnt from their friends about their beating. The deceased then slapped the appellant and a scuffle ensued. The by-standers interceded and separated them. The appellant proclaimed that he would see that the deceased did not beat any person any more.
4. Two days thereafter on March 7, 1970 at about 7.00 p.m., the appellant and his three co-accused were standing at the bus stop called Spencer Junction near south-eastern gate of the University College. The deceased and his brother, P. W. 1, alighted from a bus at a University College Bus Stop and proceeded south along the main road towards the India Coffee House, where their friend, one Radhakrishnan, had invited them to tea to celebrate the latters appointment in the Syndicate Bank. When the deceased and his brother came near the Spencer Junction, the appellant shouted that he was waiting for them, adding whether they had become so bold as to come from their house there to the main road to settle matters. On hearing this challenge, P. W. 1 and the deceased quickened their pace. The appellant and his companions ran after them and gave blow with their hands. On receiving the blows, the deceased and his brother ran south pursued by the appellant and his companions. The appellant was carrying the dagger (M. O. 1). He reached close on the heels of the deceased and stabbed him in the back. On receiving the blow, the deceased turned round. The appellant then stabbed him again with sufficient force on the left chest below the nipple. The deceased staggered further 7 or 8 paces and fell down. The appellant was about to stab him again, when P. W. 7, who was nearby, picked up an iron rod from near the Statue and hit the appellant on the head. Thereupon, the appellant and his companions fled from the place towards the north. Apart from P. W. 1, the occurrence was witnessed by P. W. 2, whose shop was situated close to the scene of occurrence. Just after the occurrence, the Mayor passed that way. He phoned to the City Control Room from the shop of P. W. 2 for rendering necessary assistance to the deceased who lay injured on the spot. Within five minutes, the Police van arrived and removed Vijayachandran to the Medical College Hospital, while P. W. 1 went to the Cantonment Police Station, 300 metres away, and lodged the First Information Report (Ex. P-1) at 7.00 p.m. The deceased was examined on his arrival in the Hospital at 7.45 p.m. and was declared dead by the doctor. The appellant and accused 2 and 3 were arrested on March 13, 1970, while the 4th accused was arrested later.
5. After his arrest, the appellant is said to have made a statement (Ex. P-15 (1)) regarding the injuries sustained by him. On the basis of that statement, a cross-case under Ss. 324, 323 read with 34, Penal Code, was registered against P. W. 1, P. W. 7 and the deceased. After investigation, the Police referr
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
