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High Court Of Delhi
MOHAMMAD SULEMAN ALIAS KALLU AND BABUDIN - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 119 of 1975
Decided On : 09/14/1977
MURDER - Indian Penal Code - Section 302, Section 34 - The judgment discusses the conviction of the appellants Mohd. Suleman alias Kallu and his brother Babudin for the murder of Kamil. The court analyzed the evidence of the witnesses, the discovery of the knife, and the defense of self-defense. The court upheld Kallu's conviction but acquitted Babudin based on the lack of evidence of a common intention to kill Kamil.
Fact of the Case:
The appellants were tried for the murder of Kamil, who intervened in a dispute between the accused and their debtor. The prosecution's case was supported by three eyewitnesses, and the accused were arrested after the incident. Kamil succumbed to his injuries in the hospital.
Finding of the Court:
The court found Kallu guilty of murder based on the eyewitness testimony and the discovery of the knife. Babudin was acquitted due to conflicting evidence regarding his role in the altercation and the lack of evidence of a common intention to kill Kamil.
Issues: The key issues included the credibility of eyewitness testimony, the admissibility of the discovery of the knife, the defense of self-defense, and the determination of a common intention to commit murder.
Ratio Decidendi: The court held that the eyewitness testimony and the discovery of the knife supported Kallu's conviction. However, Babudin was acquitted due to conflicting evidence and the lack of proof of a common intention to kill Kamil.
Final Decision: Kallu's conviction and sentence were upheld, while Babudin was acquitted and released immediately.
( 1 ) THE appellants Mohd. Suleman alias Kallu (we shall call him Kallu) and his brother Babudin were tried by the Additicnal Sessions Judge for the offence of committing murder of Kamil. Kallu was convicted under section 302, Indian Penal Code and was sentenced to life imprisonment. Babudin was convicted under section 302 read with section 34 of the Indian Penal Code. He loo was sentenced to imprisonment for life. Both the appellants appeal to this court against their conviction and sentence. The appeal of Mohd. Suleman alias Kallu
( 2 ) BABUDIN is the elder brother. He is aged 25 years. Kallu is the younger one aged 21 years. Both are residents of House No. 6782 Ahata Kidara, Sadar Bazar, Delhi. Next to their house is house No. 6781 which was purchased by the parents of the deceased Kamil two months prior to the date of the incident resulting in the death of Kamil. Kamil (25 years old), Akil (31 years old) and Shakir (19 years old) are three brothers. In house No. 6781 owned by his parents Shakir, a young boy of 19 years, had started selling bidis and cigarette while siting on a cot on which he used to spread his wares.
( 3 ) THE prosecution case was that the accused Kallu used to purchase bidis and cigarettes from Shakir on credit and a sum of Rs. 20 had become due from him. On September II, 1974 at about I p. m. Shakir asked Kallu to clear the amount due from him. Kallu instead of discharging the debt as a debt of honour started abusing Shakir. Nothing beyond this happened at that time. But in the evening at about 7. 45 p. m. when Akil and Kamil had come to see Shakir the two accused came there. Shakir at that time was taking his meals. Kamil was looking after the business. Kallu accused shouted that he would now settle the account. He caught hold of Shakir. Kamil thereupon intervened. At that time Babudin is alleged to have caught hold of Kamil. Kallu accused who had come armed with a knife which be had concealed in his right hand suddenly stabbed Kamil in his abdomen and also inflicted two more knife blows at Kamil s neck. Kamil started bleeding and at that time his brother Akil removed his tehmad (a sheet of cloth usually worn round the waist) and tied the same around the wound. Kamil was taken to the Willingdon Hospital by Akil where he succummbed to his injuries on September 13,1974.
( 4 ) AT about 8. 18 p. m. on September 11, 1974, one Mohd. Azaz gave a report to the Police control room that some quarrel was going on in Ahata Kidara near the Congress office. The control room conveyed the information to the Police Station Sadar Bazar. Sub inspector Mazhar Hussain was deputed to go to the spot for investigation. He arrived at the place of occurrence shortly thereafter accompanied by the head constable Abdul Kalim and constable Deep Chand. There he met Shakir and one Islamuddin at the spot. He recorded the statement of Shakir which constitutes the first information report in this case. He sent the report to the police station. The case was registered at the police station at 9. 42 p. m. The investigating officer also prepared a site plan. Thereafter he proceeded to the Willingdon Hospital. With him on the scooter was Islamuddin. The investigating officer met Akil at the hospital. He recorded his statement. Kamil was reported by the doctor to be not in a fit condition to make a statement. Therefore, Mazhar Hussain returned to the place of occurrence and started searching for the accused. Babudin accused was arrested from the compound of Shafig Memorial Higher Secondary School at about 2. 30 a. m. on September 12, 1974. Kallu accused could not be traced on that date. He was arrested on September 13, 1974 from Bara Hindu Rao in front of Bagichi Achheji.
( 5 ) THERE are three eye witnesses in this case. They are Shakir, Islamuddin and Akil. These three eye witnesses have supported the version of the prosecution on all material points. Shakir was present at the occurrence. His statement was recorded by
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