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2000 Supreme(Bom) 861
IN THE HIGH COURT OF BOMBAY
Vishnu Sahai T.K. Chandrasekhara Das, JJ.
Asadbin Isa Chaus others.... Appellants.
Versus
State of Maharashtra.... Respondent.
Criminal Appeal No. 498 of 1996, decided on 13-11-2000.
Advocates appeared :
P.K. Dhakephalkar, for appellant No. 1.
A.P. Mundargi with S.V. Kotwal and S.S. Shaikh, for appellant Nos. 2 3.
Mrs. V.R. Bhonsale, A.P.P., for respondent.
The main legal point established in the judgment is the liability of the appellants for various offenses under the Indian Penal Code, including rioting, unlawful assembly, and murder, based on the evidence provided by eyewitnesses and the recovery of a blood-stained knife.
Headnote:
JUDGMENT - Conviction and Sentencing - I.P.C. - [143, 147, 148, 302, 307] - The court found the appellants guilty of various offenses under the Indian Penal Code including rioting, unlawful assembly, and murder. The court analyzed the evidence provided by eyewitnesses and the recovery of a blood-stained knife, ultimately convicting the appellants for their involvement in the incident. The court also discussed the legal principles related to the liability of the appellants for the different offenses and the quantum of sentence to be awarded to each appellant.
Fact of the Case:
The case involved a quarrel between the owners of two shops and the appellants who owned a garage. The appellants assaulted the owners and their servant, resulting in the death of one person and injuries to another.
Finding of the Court:
The court found the appellants guilty of various offenses under the Indian Penal Code based on the evidence provided by eyewitnesses and the recovery of a blood-stained knife. The court also discussed the liability of the appellants for the different offenses and the quantum of sentence to be awarded to each appellant.
Issues: The main issues included the involvement of the appellants in the incident, the legal principles related to the liability of the appellants for the different offenses, and the quantum of sentence to be awarded to each appellant.
Ratio Decidendi: The court's decision was influenced by the evidence provided by eyewitnesses and the recovery of a blood-stained knife, which established the involvement of the appellants in the incident. The court also discussed the legal principles related to the liability of the appellants for the different offenses and the quantum of sentence to be awarded to each appellant.
Final Decision: The court partly allowed the appeal, setting aside the convictions and sentences of the appellants for certain offenses and modifying the sentences for the remaining offenses. The court confirmed the convictions and sentences for specific offenses and directed the appellants to serve out the sentences.
(i) Under section 143 r/w section 149 I.P.C. to suffer 3 months R.I. and to pay a fine of Rs. 100/- each in default to suffer one month R.I.;
(ii) Under section 147 r/w section 149 I.P.C. to suffer 1 year R.I. and a fine of Rs. 200/- each, in default to suffer R.I. for 2 months;
(iii) Under section 302 r/w section 149 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 2000/- each in default to suffer 6 months R.I.
In addition, the appellant-Asadbin has been convicted for offences punishable under section 148 r/w 149 I.P.C. and 307 I.P.C. On the former count, he has been sentenced to undergo 1½ years R.I. and to pay a fine of Rs. 500/- in default to undergo 3 months R.I. and on the latter, 7 years R.I. and to pay a fine of Rs. 1000/- in default to suffer R.I. for 3 months.
The substantive sentences of the appellants have been ordered to run concurrently.
2. Shortly stated the prosecution case runs as under:---
The informant Sayeed Ahmed Mohammed Hanif P.W. 1 was the real brother of the deceased Rafiq Ahmed. They had a brother Nasir Ahmed who at the time of the incident had two shops called Indore Motor Parts and Deluxe Auto-Electricals, situated at Manmad square, Malegaon. The said shops were managed by the informant, his brother Nasir Ahmed and Abdul Majid Mohammed Hanif. They had employed one servant called Akhtar Khan Pathan P.W. 5. Near the shops, there was a garage called Baba Motor garage which belonged to the appellants, juvenile accused Sabirbin and Talibin. The said garage was engaged in repairs of vehicles of Tata make.
On 16-2-1994, at about 4 p.m. one ambassador car came to Deluxe garage. Akhtar Pathan P.W. 5 was asked to locate the fault. The deceased Rafiq was not present at the garage at that time. While he was repairing the water pump of the car, co-accused Talib and Sabirbin accompanied by the appellants Khalikbin and Galibbin came. They started saying that they would repair the car. There was an exchange of blows between Nasir and Majid on one hand and Talib on the other. The police arrived and picked all three of them. Thereafter, the deceased Rafiq came and Akhtar Pathan P.W. 5 disclosed as to what had happened to him. At about 6/6.30 p.m. the informant Sayeed came in the garage. On seeing Sayeed, the appellants Talib, Sabir and one unknown person started abusing them. Thereupon, the appellants along with Sabirbin and one unknown person came towards Deluxe garage. The appellant-Khalikbin and Sabir caught hold of the informant Sayeed. The unknown person and the appellant Galibbin caught hold of the informant's brother Rafiq Ahmed. In the meantime, the appellant-Asadbin took out a knife from his pocket and started inflicting blows on the person of Rafiq with the same and when the informant rushed to his brother's rescue, the appellant Asadbin dealt a knife blow on his stomach. On receiving the injuries. Rafiq fell down on the spot. Thereafter, the appellants and others ran away.
Apart from Sayeed P.W. 1, this incident was seen by Babulal Mahajan P.W. 2 and Akhtar Pathan P.W. 5. The informant chased the appellants and others but, could not apprehend them.
The informant hired a auto-rickshaw of one Sanjay Mohite P.W. 3 and on the same proceeded along with Rafiq to N.N. Wadia Hospital, Malegaon.
3. The evidence of Dr. Bharat Wagh P.W. 6 shows that on 16-2-1994, at 6.45 p.m. while he was working as Medical Officer at N.N. Wadia Hospital, Malegaon an injured who gave his name as Sayeed Mohammed Hanif and who gave history of assault came. On examining him, he found that he had a stab wound on left lumbar region on lateral aspect, 1 "in length at level of umbilicus. It was obliquely placed and penetrating in abdomen. In his s
