DADI ABDUL GAFFOOR Vs. STATE
LAWS(APH)-1954-10-3
HIGH COURT OF ANDHRA PRADESH
Decided on October 22,1954

IN RE: DADI ABDUL GAFFOOR Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) The Additional Sessions Judge of Kurinool convicted the accused under S. 30 Indian Penal Code and sentenced him to death.
(2.) The prosecution case may be stated briefly. About five months prior to the date of the occurrence, Gaffoor Miah, father of the deceased Sathan Miah, rented out a house of his to the father of the accused. At the instigation of Sathar Miah, the lease was terminated and the house was let out of to one Chintalayya. This led to an alteration between the members of the two families. Two months thereafter, a brother of the accused was injured by acid being thrown on him. The accused suspected that the decreased threw the acid. The accuseds father reprimanded him for it. Enraged at the behaviour of the deceased, the accused at about 7-30 A. M. on the 8th of June 1953 followed him when he was going to the Handri river to take his bath, and, in the sands of that river near Gummez beat him on his head with a stick and, after he fell down, turned his face upwards and with a knife cut off his nose. The deceased was later on taken to the hospital, where he died the next day at 5.30 P. M. The evidence of the witnesses, who have spoken to this version was accepted by the learned Sessions Judge.
(3.) The learned Counsel for the accused did not question the truth of the main events deposed to by the eye witnesses. He argued that, on the facts found, no case of murder has been made out and that the offence would only amount to culpable homicide not amounting to murder.;


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