AKHIL ALI JEHANGIR ALI SAYYED Vs. STATE OF MAHARASHTRA
LAWS(SC)-2002-1-17
SUPREME COURT OF INDIA
Decided on
January 24,2002
AKHIL ALI JEHANGIR ALI SAYYED
Appellant
VERSUS
STATE OF MAHARASHTRA
Respondents
Cited Judgements :-
MUNNA @ POORAN YADAV VS. STATE OF MADHYA PRADESH [LAWS(SC)-2008-12-188] [REFERRED TO]SARDARBHAI KANTILAL MAVI VS. STATE OF GUJARAT [LAWS(GJH)-2003-8-7] [REFERRED]
ASHIRUDDIN SK ALIAS PALTU SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-72] [REFERRED TO]
MALOOK SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-299] [REFERRED TO]
SANDEEP SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2007-3-403] [REFERRED TO]
NAVANEETHA KRISHNAN AND ORS. VS. THE INSPECTOR OF POLICE, Q BRANCH POLICE STATION [LAWS(MAD)-2015-7-376] [REFERRED TO]
MANGOO ALIAS MANGAL SINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2008-7-171] [REFERRED TO]
MUNNA ALIAS POORAN YADAV VS. STATE OF MADHYA PRADESH [LAWS(SC)-2008-11-118] [REFERRED TO]
AJMER SINGH VS. STATE OF HARYANA [LAWS(SC)-2010-2-22] [REFERRED TO]
MADHU VS. STATE OF KERALA [LAWS(SC)-2012-1-15] [REFERRED TO]
GURUCHARAN KUMAR VS. STATE OF RAJASTHAN [LAWS(SC)-2003-1-12] [REFERRED TO]
BASISTH ROY VS. STATE OF BIHAR [LAWS(SC)-2003-2-50] [REFERRED TO]
JALPAT RAI VS. STATE OF HARYANA [LAWS(SC)-2011-7-106] [REFERRED TO]
DEEPAK RAJAK VS. STATE OF WEST BENGAL [LAWS(SC)-2007-6-22] [REFERRED TO]
GHULAM QADIR BHAT GHULAM QADIR BHATT BABA VS. STATE [LAWS(DLH)-2012-1-143] [REFERRED TO]
TARIQ MEHMOOD VS. STATE [LAWS(DLH)-2012-1-82] [REFERRED TO]
YUSUFKHAN VS. STATE OF M P [LAWS(MPH)-2002-9-26] [REFERRED TO]
AJOY ACHARYA VS. STATE BUREAU OF INVESTIGATION AGAINST ECONOMIC OFFENCES [LAWS(MPH)-2011-9-18] [REFERRED TO]
RAMU ALIAS SANJAY SRIVASTAVA VS. STATE [LAWS(ALL)-2011-1-208] [REFERRED TO]
Raghubir Singh VS. State of HP [LAWS(HPH)-2011-3-227] [REFERRED TO]
RAJU S/O SITARAM GADARIYA (PAL) VS. STATE OF M P AND ORS [LAWS(MPH)-2016-2-142] [REFERRED]
SENBA @ SENBAGA SRIKUMAR VS. STATE [LAWS(MAD)-2016-7-284] [REFERRED]
K SUNDERAJAN AND OTHERS VS. STATE [LAWS(MAD)-2016-2-319] [REFERRED]
KHALRA MISSION COMMITTED VS. STATE OF PUNJAB AND ORS [LAWS(P&H)-2012-3-519] [REFERRED]
MAHENDRA SINGH DHONI VS. YERRAGUNTLA SHYAMSUNDAR [LAWS(SC)-2017-4-104] [REFERRED TO]
DEEP NARAYAN CHOURASIA VS. STATE OF BIHAR [LAWS(SC)-2019-2-130] [REFERRED TO]
M/S ORJ ELECTRONICS OXIDES LTD. VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2020-6-58] [REFERRED TO]
M/S. FERTICO MARKETING AND INVESTMENT PVT , LTD , VS. CBI, ANTI CORRUPTION BRANCH, LUCKNOW [LAWS(ALL)-2021-3-71] [REFERRED TO]
MANSUR DAULAT PATEL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-5-157] [REFERRED TO]
SURYAVIR VS. STATE OF HARYANA [LAWS(SC)-2022-2-30] [REFERRED TO]
JUDGEMENT
Thomas, J. -
(1.)In this appeal, we passed an order even when special leave was granted that the consideration would be limited to the nature of offence. Appellant was the first accused. He was arraigned along with one Jabbar as second accused and another person as the third accused in a murder case. The trial court convicted all the three accused of the offence under Section 302 read with Section 34 for the murder of one Moulana Mohammed Yusuf Sheikh. The High Court acquitted the third accused but confirmed the conviction and sentence passed on the first and the second accused. We are told that the second accused preferred a special leave petition No. (2828 of 1999) before this Court and the same was dismissed. Subsequently, he filed a review petition which was also dismissed.
(2.)This appeal by the first accused has to be considered only on the limited question as to the nature of offence. For that purpose, we are proposing to extract the dying declaration relied on by the trial court and the High Court. The relevant portion of the dying declaration is extracted below:
"Today i.e. on 12.6 1992. I was standing in the verandah leaning against the wall of the gallery. At about 1 Oclock, one person by name Akhil who stays on the second floor of my building along with nephew Jabbar, came up climbing the staircase. I asked him as to why four days prior he had got me arrested in a false case. Upon that he replied that he had merely got me arrested but now he would finish me By saying this, Akhil attacked on my chest and abdomen with the sharp weapon in his hand. At that time Jabbar also attacked on my left hand with a sharp weapon When I tried to resist, Chand caught hold of my hands. On account of this incident I started shouting at that time my wife came out of the room and when she intervened, Akhil attacked on her head with a sharp weapon."
(3.)One thing is apparently clear from the above dying declaration. The fatal blow was inflicted by the appellant followed by the one given by the second accused when the deceased confronted him with a query "why four days ago you got me arrested in a false case" From the said query, it is easy to discern that the assailants would have found the deceased in a pugnacious mood. It is quite reasonable to presume that the assailants would have apprehended that the deceased put the said query in retaliation for the false arrest manipulated by the accused. The said apprehension seems to be justified when we looked at the medical evidence which shows that the deceased was smelling alcohol when he was taken before the doctor after sustaining the injuries. If so, the assailants also would have smelt alcohol when the deceased hurled the query quoted above.
(2.)This appeal by the first accused has to be considered only on the limited question as to the nature of offence. For that purpose, we are proposing to extract the dying declaration relied on by the trial court and the High Court. The relevant portion of the dying declaration is extracted below:
"Today i.e. on 12.6 1992. I was standing in the verandah leaning against the wall of the gallery. At about 1 Oclock, one person by name Akhil who stays on the second floor of my building along with nephew Jabbar, came up climbing the staircase. I asked him as to why four days prior he had got me arrested in a false case. Upon that he replied that he had merely got me arrested but now he would finish me By saying this, Akhil attacked on my chest and abdomen with the sharp weapon in his hand. At that time Jabbar also attacked on my left hand with a sharp weapon When I tried to resist, Chand caught hold of my hands. On account of this incident I started shouting at that time my wife came out of the room and when she intervened, Akhil attacked on her head with a sharp weapon."
(3.)One thing is apparently clear from the above dying declaration. The fatal blow was inflicted by the appellant followed by the one given by the second accused when the deceased confronted him with a query "why four days ago you got me arrested in a false case" From the said query, it is easy to discern that the assailants would have found the deceased in a pugnacious mood. It is quite reasonable to presume that the assailants would have apprehended that the deceased put the said query in retaliation for the false arrest manipulated by the accused. The said apprehension seems to be justified when we looked at the medical evidence which shows that the deceased was smelling alcohol when he was taken before the doctor after sustaining the injuries. If so, the assailants also would have smelt alcohol when the deceased hurled the query quoted above.
Copyright © Regent Computronics Pvt.Ltd.