MOFIL KHAN Vs. STATE OF JHARKHAND
LAWS(SC)-2014-10-63
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on
October 09,2014
Mofil Khan
Appellant
VERSUS
STATE OF JHARKHAND
Respondents
Referred Judgements :-
JAGMOHAN SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]RATTAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
BACHAN SINGH STATE OF PUNJAB AND MAL SINGH SUNIL BATRA NATHU SINGH KARTAR SINGH AND UJAGAR SINGH SHER SINGH SUNIL BATRA MAL SINGH NIRPAL SINGH JAGMOHAN SINGH UJAGAR SINGH VS. UNION OF INDIA [REFERRED TO]
MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
MAHESH S O RAM NARAIN VS. STATE OF MADHYA PRADESH [REFERRED TO]
SEVAKA PERUMAL VS. STATE OF TAMIL NADU [REFERRED TO]
DHANANJOY CHATTERJEE ALIAS DHANA VS. STATE OF WEST BENGAL [REFERRED TO]
SURJA RAM VS. STATE OF RAJASTHAN [REFERRED TO]
SHOBHIT CHAMAR VS. STATE OF BIHAR [REFERRED TO]
RONNY ALIAS RONALD JAMES ALWARIS VS. STATE OF MAHARASHTRA [REFERRED TO]
GOVINDASWAMI VS. STATE OF TAMIL NADU [REFERRED TO]
STATE OF UTTAR PRADESH VS. DHARMENDRA SINGH [REFERRED TO]
RAM DEO CHAUHAN AND RAJ NATH CHAUHAN VS. STATE OF ASSAM [REFERRED TO]
NARAYAN CHETANRAM CHAUDHARY VS. STATE OF MAHARASHTRA [REFERRED TO]
SURESH VS. STATE OF UTTAR PRADESH [REFERRED TO]
OM PRAKASH RAJA VS. STATE OF UTTARANCHAL [REFERRED TO]
STATE OF RAJASTHAN VS. KHERAJ RAM [REFERRED TO]
PRAVEEN KUMAR VS. STATE OF KARNATAKA [REFERRED TO]
HOLIRAM BORDOLOI VS. STATE OF ASSAM [REFERRED TO]
SAIBANNA VS. STATE OF KARNATAKA [REFERRED TO]
KARAN SINGH VS. STATE OF U P [REFERRED TO]
RAM SINGH VS. SONIA [REFERRED TO]
PRAJEET KUMAR SINGH VS. STATE OF BIHAR [REFERRED TO]
STATE OF U P VS. SATTAN ALIAS SATYENDRA [REFERRED TO]
JAGDISH VS. STATE OF M P [REFERRED TO]
ATBIR VS. GOVT OF N C T OF DELHI [REFERRED TO]
C MUNIAPPAN VS. STATE OF TAMIL NADU [REFERRED TO]
SUNDER SINGH VS. STATE OF UTTARANCHAL [REFERRED TO]
RABINDRA KUMAR PAL ALIAS DARA SINGH VS. REPUBLIC OF INDIA [REFERRED TO]
SURENDRA KOLI VS. STATE OF U P [REFERRED TO]
SUDAM ALIAS RAHUL KANIRAM JADHAV VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF MAHARASHTRA VS. GORAKSHA AMBAJI ADSUL [REFERRED TO]
AJITSINGH HARNAMSINGH GUJRAL VS. STATE OF MAHARASHTRA [REFERRED TO]
HARESH MOHANDAS RAJPUT VS. STATE OF MAHARASHTRA [REFERRED TO]
BRAJENDRASINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
AJAY KUMAR VS. STATE OF JKARKHAND [REFERRED TO]
SUNIL DUTT SHARMA VS. STATE (GOVT. OF NCT OF DELHI) [REFERRED TO]
SUSHIL SHARMA VS. STATE OF N.C.T. OF DELHI [REFERRED TO]
BIRJU VS. STATE OF M.P. [REFERRED TO]
ANIL @ ANTHONY ARIKSWAMY JOSEPH VS. STATE OF MAHARASHTRA [REFERRED TO]
MAHESH DHANAJI SHINDE VS. STATE OF MAHARASHTRA [REFERRED TO]
Cited Judgements :-
RAM SHANKER DUBEY VS. STATE OF U P [LAWS(ALL)-2016-7-280] [REFERRED]MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
PAPPU S/O JAWAHAR KURMI VS. STATE OF U P [LAWS(ALL)-2017-5-600] [REFERRED TO]
IN REFERENCE OF CHHATTISGARH VS. LOCHAN SHRIVAS [LAWS(CHH)-2017-11-82] [REFERRED TO]
REFERENCE VS. RAJ KUMAR KOL [LAWS(MPH)-2018-10-97] [REFERRED TO]
IN REFERENCE RECEIVED FROM THE FIRST ADDITIONAL SE VS. SACHIN KUMAR SINGHRAHA [LAWS(MPH)-2016-3-122] [REFERRED]
SHABNAM VS. STATE OF U P [LAWS(SC)-2015-5-50] [REFERRED TO]
RONALDO MOIRANGTHEM VS. UNION PUBLIC SERVICE COMMISSION [LAWS(MANIP)-2019-10-18] [REFERRED TO]
MOOL CHANDRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2017-3-273] [REFERRED TO]
MS. EERA THROUGH DR. MANJULA KRIPPENDORF VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(SC)-2017-7-8] [REFERRED TO]
PURUSHOTTAM DASHRATH BORATE AND ORS. VS. STATE OF MAHARASHTRA [LAWS(SC)-2015-5-27] [REFERRED TO]
REFERENCE VS. BAADU, S/O PRAKASH LAHASE [LAWS(MPH)-2018-11-125] [REFERRED TO]
ASHOK S/O BHAIRO SINGH PURVIYA VS. ASHOK [LAWS(MPH)-2017-5-218] [REFERRED TO]
IN REFERENCE VS. RABBU ALIAS SARVESH [LAWS(MPH)-2019-1-91] [REFERRED TO]
IN REFERENCE [RECEIVED FROM SPECIAL JUDGE, COURT OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, DISTRICT SHAHDOL (M.P.)] VS. STATE OF MADHYA PRADESH, P.S. KOTWALI, SHAHDOL (M.P.) [LAWS(MPH)-2018-8-221] [REFERRED TO]
IN REFERENCE (RECEIVED FROM II ADDITIONAL SESSIONS JUDGE KHURAI, DISTRICT SAGAR) VS. STATE OF M.P. THROUGH POLICE STATION BANDARI DISTRICT SAGAR (MP) [LAWS(MPH)-2018-8-243] [REFERRED TO]
IN REFERENCE (RECEIVED FROM II ADDITIONAL SESSIONS JUDGE KHURAI, DISTRICT SAGAR VS. SUNIL ADIWASI [LAWS(MPH)-2018-8-309] [REFERRED TO]
STATE OF RAJASTHAN AND ORS. VS. RAJU AND ORS. [LAWS(RAJ)-2015-1-300] [REFERRED TO]
SUDESH KUMAR VS. M/S SHIVALIK HATCHERIES PVT. LTD. [LAWS(HPH)-2016-4-202] [REFERRED TO]
SALIK RAM VS. STATE OF U P [LAWS(ALL)-2018-2-496] [REFERRED TO]
HARIOM ALIAS HERO VS. STATE OF U.P. [LAWS(ALL)-2017-3-34] [REFERRED TO]
STATE OF UTTARAKHAND VS. JANAK BAHADUR [LAWS(UTN)-2024-5-40] [REFERRED TO]
RANJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-7-239] [REFERRED TO]
ALLARAKHA OSMANBHAI JUNEJA VS. SATATE OF GUJARAT [LAWS(GJH)-2017-10-39] [REFERRED TO]
STATE OF MAHARASHTRA VS. AMIR AJAJ SHAIKH [LAWS(BOM)-2019-11-16] [REFERRED TO]
SANTOSH MARKAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-32] [REFERRED TO]
IN REFERENCE VS. RAJ KUMAR KOL [LAWS(MPH)-2018-10-52] [REFERRED TO]
IN REFERENCE VS. BHAGGI @ BHAGIRATH [LAWS(MPH)-2018-10-67] [REFERRED TO]
A. SETHURAMAN AND ORS. VS. THE STATE [LAWS(MAD)-2015-1-159] [REFERRED TO]
AKTIRAM VS. STATE OF M.P. [LAWS(CHH)-2015-1-53] [REFERRED TO]
STATE OF MAHARASHTRA VS. IMDAD ALI WAID ALI SAYYAD [LAWS(BOM)-2016-4-53] [REFERRED TO]
THE STATE OF ASSAM AND ORS. VS. SELIM UDDIN AND ORS. [LAWS(GAU)-2015-7-11] [REFERRED TO]
JITU PEGU ALIAS DILIP VS. THE STATE OF ASSAM [LAWS(GAU)-2016-8-1] [REFERRED TO]
JUDGEMENT
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(1.)This appeal is directed against the judgment and order passed by the High Court of Jharkhand at Ranchi in Death Reference No. 01 of 2008 and Criminal Appeal (DB) Nos. 1103 of 2008, dated 02.07.2009. By the impugned judgment and order, the High Court has confirmed the judgment of conviction, dated 01.08.2008 passed by the District and Sessions Judge, Lohardaga in Sessions Trial No. 128 of 2007, whereby and whereunder the learned Sessions Judge has convicted the two accused-Appellants and two others for offence Under Sections 302 and 449 read with Section 34 of Indian Penal Code, 1860 (for short, "the Indian Penal Code"). The High Court while confirming the order of death sentence, dated 05.08.2008 passed by the Trial Court in respect of the accused-Appellants, has thought it fit to modify the sentence awarded to the other two accused persons, Saddam Khan and Wakil Khan, to life imprisonment.
(2.)At the outset, the learned amicus, Shri Bimal Roy Jad, appearing for the two accused-Appellants has only assailed the order of sentence passed by the Trial Court and confirmed by the High Court and restricted his arguments to the quantum of punishment awarded. Therefore, the scope of this appeal is restricted to the determination of appropriate sentence that requires to be awarded to the accused-Appellants. Further, since other accused persons in the instant case are not in appeal before us, the discussions hereinafter would be confined to the fact relevant for the disposal of present appeal.
(3.)The prosecution case in brief is, on 06.06.2007 at about 8:30 p.m., one Haneef Khan (referred to as "the deceased" hereafter) was offering Namaz in the mosque at village Makandu, Jharkhand. The accused-Appellants and others who are none other than the deceased's brothers and nephews, approached him and started assaulting him with sharp-edged weapons such as sword, tangi, bhujali and spade. The deceased succumbed to the injuries inflicted by the accused persons. Leaving the deceased at the spot, the accused-Appellants and others proceeded towards the house of deceased where, upon hearing the cries of their father, the deceased's sons Gufran Khan @ Pala and Imran Khan had come out on the street. The accused-Appellants assaulted the two unarmed brothers with the aforesaid weapons due to which the two brothers collapsed and died in front of their house. Thereafter, the accused-Appellants and others entered the house of the deceased and committed murder of Kasuman Bibi, wife of the deceased and his four sons, namely, Anish Khan (aged about 5 years), Danish Khan (aged about 8 years), Yusuf Khan (physically disabled and aged about 18 years) and Maherban Khan (aged about 12 years). After committing murder of the six persons, the accused-Appellants threatened other members of the household including their mother, Jainub Khatoon (PW-2) of meeting the same fate if they inform the police about the incident and thereafter left the house taking away certain documents relating to the lands, Pass-book, jewellery etc.
(2.)At the outset, the learned amicus, Shri Bimal Roy Jad, appearing for the two accused-Appellants has only assailed the order of sentence passed by the Trial Court and confirmed by the High Court and restricted his arguments to the quantum of punishment awarded. Therefore, the scope of this appeal is restricted to the determination of appropriate sentence that requires to be awarded to the accused-Appellants. Further, since other accused persons in the instant case are not in appeal before us, the discussions hereinafter would be confined to the fact relevant for the disposal of present appeal.
(3.)The prosecution case in brief is, on 06.06.2007 at about 8:30 p.m., one Haneef Khan (referred to as "the deceased" hereafter) was offering Namaz in the mosque at village Makandu, Jharkhand. The accused-Appellants and others who are none other than the deceased's brothers and nephews, approached him and started assaulting him with sharp-edged weapons such as sword, tangi, bhujali and spade. The deceased succumbed to the injuries inflicted by the accused persons. Leaving the deceased at the spot, the accused-Appellants and others proceeded towards the house of deceased where, upon hearing the cries of their father, the deceased's sons Gufran Khan @ Pala and Imran Khan had come out on the street. The accused-Appellants assaulted the two unarmed brothers with the aforesaid weapons due to which the two brothers collapsed and died in front of their house. Thereafter, the accused-Appellants and others entered the house of the deceased and committed murder of Kasuman Bibi, wife of the deceased and his four sons, namely, Anish Khan (aged about 5 years), Danish Khan (aged about 8 years), Yusuf Khan (physically disabled and aged about 18 years) and Maherban Khan (aged about 12 years). After committing murder of the six persons, the accused-Appellants threatened other members of the household including their mother, Jainub Khatoon (PW-2) of meeting the same fate if they inform the police about the incident and thereafter left the house taking away certain documents relating to the lands, Pass-book, jewellery etc.
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