Case Note & Summary
The appellants, Khalid Abdul Razak Kazi, Mohammed Farukh @ Akram Abdul Razak Kazi, and Mohammed Azmal Mohammed Kasam, were convicted by the Additional Sessions Judge, Greater Mumbai, on 16th February 2005 for the murder of Mohd. Sharif Hanif Shaikh and Salim Pashu Shaikh under Section 302 read with Section 34 of the Indian Penal Code (IPC). They were sentenced to life imprisonment and a fine of Rs.2,000 each, with default simple imprisonment for one year. Accused No.2 was also convicted under Section 324 IPC for voluntarily causing hurt to P.W.4 Abdul Latif Abdul Hanif Shaikh and sentenced to two years' simple imprisonment and a fine of Rs.500. The prosecution case was that accused No.2 had illicit relations with P.W.2 Hasina Abdul Hamid Shaikh, and on 8th October 2002 at about 00:30 hours, near Garib Nawaj Pan Shop, Janata Sevak Society, behind Mahim Bus Depot, the appellants along with a deceased accused Firoz Inayatali Shaikh, in furtherance of common intention, committed the murders. They also assaulted the complainant and witness Fazal with dangerous weapons and attempted murder, and voluntarily caused hurt to P.W.1 and P.W.2. The appellants were also charged under Section 125 of the Bombay Police Act for possession of sword and choppers in contravention of prohibitory orders. The trial court convicted them for murder and acquitted them of other offences. The appellants appealed to the High Court. The appellants' counsel argued that the prosecution did not come with clean hands, pointing out that remand applications showed no eyewitness until 10th December 2012. The High Court, after considering the submissions, upheld the conviction, finding that the circumstantial evidence and motive were sufficient to prove guilt beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 read with Section 34 Indian Penal Code, 1860 - The appellants were convicted for double murder based on circumstantial evidence and motive arising from illicit relations - The court examined the sufficiency of circumstantial evidence and held that the prosecution had established the chain of circumstances leading to the guilt of the accused (Paras 1-4).
Issue of Consideration
Whether the conviction of the appellants for murder under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence imposed by the trial court.
Law Points
- Circumstantial evidence
- motive
- common intention
- Section 302 read with Section 34 IPC
- Section 324 IPC
- Section 125 Bombay Police Act
