K.T. Thomas, J. - (1.)In a situation which pitched upto the brim of a communal riot, one person died of a stab injury on the chest. It appears that he was the only person who sustained fatal injury in the occurrence, and the situation did not fortunately escalate into a carnage. Eight persons were charge-sheeted by the police in regard to the murder of one Abdul Sattar which happened at about 11.00 p.m. on 19.8.1986 in front of the house of the accused. The trial court acquitted seven of them but convicted appellant-Moti Singh alone for the offence under Section 302 of the Penal Code and sentenced him to imprisonment for life. A division bench of the High Court of Bombay (Aurangabad bench) confirmed the conviction and sentence and dismissed the appeal filed by the appellant. He, therefore, filed this appeal by special leave.
(2.)Accused nos. 1 to 5 are siblings and the other accused are closely associated with them. About one and a half hour prior to the occurrence in this case, a minor incident took place in which appellant and his brother Ram Singh has assaulted one Jowharkhan (PW3) in the vicinity of the statue of Dr. Babasaheb Ambedkar situated at Beed (Maharashtra)., Jowharkhan (PW3) had reported this matter to the other members of his community. A number of them belonging to that community assembled together and proceeded to the house of the appellant at about 11.00 p.m. on the same night. According to the prosecution version they proceeded to the house of the accused for talking out the matter. But all the accused rushed out of the house and launched an attack on the deceased. Four of the accused caught hold of the deceased and appellant inflicted one stab injury with a knife on his chest which eventually turned out to be fatal.
(3.)Prosecution examined PW1 - Dost Mohammad, PW3 - Jowharkhan. PW4-Ayubkhan (cousin of the deceased), PW5 -Abdul Sami and PW6 - Altaf Khan as witnesses to the occurrence. They have spoken to the prosecution version. The trial court and the High Court accepted their testimony and found the appellant guilty of the offence under Section 302 Indian Pe- nal Code.