IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S).324/2021 ARFAD ABDUL AZIZ PATEL & ANR. Appellant(s)

VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s)

WITH CRIMINAL APPEAL NO(S).325/2021 CRIMINAL APPEAL NO(S).308/2021

O R D E R

Heard Mr. S. Nagamuthu, learned Senior Counsel for the appellant and also heard Mr. Atul Babasaheb Dakh, learned counsel for the complainant in all the three appeals.

2. The appeal being Appeal No.1314/2014 preferred by the accused has been partly allowed by the High Court and the case has been converted from 302 to that of culpable homicide not amounting to murder under Section 304 (II) IPC. The State’s appeal and the complainant’s appeal are against the said order of the High Court.

3. The brief facts of the case are that at about 10:30 PM on 06.05.2012 when the complainant, PW 1 Arfad Abdul Aziz Patel Signature Not Verified Digitally signed by Deepak Joshi Date: 2025.02.13and his brother Ashpak Abdul Ajij (PW 3) were walking out side

17:34:35 IST Reason:

they saw Zahir on a black colour Pulser motorcycle which was being chased by a Silver colour Maruti Zen car and was subsequently hit by the car. Zahir fell down from his motorcycle and the four persons viz (i) Husenmiya Alimiya Subhedar (ii) Noor Aamad @ Mohmadnur Husen Subhedar, (iii) Dastagir Husenmiya Subhedar and (iv) Mohd. Hanif Husenmiya Subhedar, came out of the Maruti Car. They all were armed with sharp edged weapons, with which they stabbed Zahir one by one. The two eye-witnesses to the incident PW 1 and PW 3 thereafter ran away as they were also threatened by the accused. And, when they returned they were told that the deceased was taken to the hospital by his brother, where he was declared dead. The post mortem was conducted where 17 ante mortem injuries were found on the body of the deceased, which are as follows:-

“1) Stab wound over manubrium sterni 1.5 cm. X 2 cm.

2) Fracture manubrium sterni.

3) Stab wound over left inframammry region 1 cm. open in visceral cavity.

4) Rupture left lung with collection of blood in cavity.

5) Stab wound below left costal margin 1 cm. x 7 cm.

6) Stab wound over abdomen below umbilicus 1 cm. X 5 cm.

7) Incised wound over left mammary region 2 cm. x 0.25 cm.

8) Incised wound below left cheek 8 cm. X 0.25 cm.

9) Stab wound over left side of neck 4 cm. x 8 cm. with cutting of large vessels under it; profuse bleeding noted

10) Laceration of skin over left shoulder joint 8 cm. x 3 cm.

11) Laceration of skin over left wrist joint 3 cm. x2 cm.

12) Incised wound over right forearm 1 cm. x 0.25 cm. ventral aspect.

13) Incised would over right wrist joint ulnar aspect 5 cm. x 2 cm.

14) Abrasion over right elbow joint 5 cm. in length.

15) Multiple abrasion over forehead 5 cm. maximum and 1 cm.

minimum length.

16) Perforation of stomach at pyloric region blood clot seen at perforation.

17) Haematoma over occipital region with intra cranial haemorrhage”

4. We would not like to go or even describe or to even express any kind of opinion on the evidence which has been placed by the Prosecution before the Trial Court, but sufficient will it be to say that the Trial Court convicted Noor Aamad @ Mohmadnur Husen Subhedar (hereinafter referred to as “Noor”) under Section 302 IPC, but the rest of the three accused were acquitted. Noor filed an appeal before the High Court. Where the High Court has converted the finding from that of murder under Section 302 to that culpable homicide not amounting to murder under Section 304 (II) and sentenced to him for six years of rigorous imprisonment.

5. Meanwhile, the complainant has filed appeal against acquittal of the remaining accused. We are told that the State has not filed any appeal (so much for the conduct of the State in this matter). Even here before this Court, there is no counsel representing the State to argue the case.

6. Having heard the matter in detail, we are of the opinion that the appeal against acquittal which is presently pending before the High