In the Thakurpada of Tansa village there lived one Abdul Khalil aged about 55 years along with his family members. This was the only Muslim family in Thakurpada. He and his wife Sahebi had ten children. All three used to work in Nevigation Company at Mohilla about 2- 21 miles away from Tansa. Abdul Khalil was a truck driver and his boy, a clearner. As communal trouble spread to other places in the district, some danger to the Muslim families in Tans a-'village was also apprehended. In that village there were perhaps about 5 or 6 Muslim families. On the outskirts of this village there is the great Tansa lake which supplies water to Bombay city. Mr. Khatkhate, a Hydraulic Engineer is in charge of that lake. He has an office on the site with several employees of the Municipal Corporation of Bombay working under him living on the site. Mr. Khatkhate met Abdul Khalil on May 12, 1970 and warned him that there was a likelihood that he and the members of his family might be attacked and that they should leave Tansa village and go to a safer place. As a result of this warning, Abdul Khalil and the members of his family abandoned their home and left Tansa village. They went into the forest area surrounding the great Tansa lake and encamped on a hilock known as Maholi hillock about 2 1/2 miles away from the village. They spent the night at the hillock but having run short of water in the morning they shifted to the Nursery area of Tansa lake which is near the water's edge. This spot was about three or four furlongs away from Tansa village. They spent most of the day there. In the evening at about the second son, went a little distance away from the family members to ease himself when he saw a mob of about 30 or 35 persons armed with axes, spears and sticks coming from the side of the Tansa lake towards the place where Abdul Khalil and his family were staying. Seeing the mob approaching them elder boy ran back to his parents and informed them about what he had seen. The mob was raising shouts. The members of Abdul Khalil's family feeling frieghtened started running in different directions. They roughly formed themselves into three groups. One group consisted of mother Sahebi who was also carrying in her arms the baby and the third group which was the last to leave the spot consisted of Khalil and younger son. As these two persons were the last to leave the spot the mob had in the meantime come close to them. They thus became the first target of the attack by the mob. The appellant Dharina Rama Bhagare, who was armed with a bow and arrows shot an arrow at Khalil which pierced him in the back. Khalil fell down and was surrounded by other assailants, who started belabouring him. Abdul Khalil's eldest son Shaukat seeing his father being attacked went to rescue him but he had hardly gone a few paces when another arrow discharged by the appellant struck him at his back near his right shoulder. Shaukat also fell down as a result of the injury caused by the arrow about two or three paces away from his father. He was also assaulted by some members of the mob. On seeing her husband and her eldest son being thus assaulted Sahebi raised alarm but she was also attacked by the appellant who shot the third arrow at her. This struck her on the left side above the waist with the 'result that she also fell down with her infant child in her arms. She died instantaneously. Some of the other members of Khalil's family hid themselves behind the trees or Karvandi bushes round about the spot whereas some of them were still running away to save themselves. The young daughter on seeing her father, mother and brother being shot at with arrows, shouted. This apparently annoyed the appellant who picked up a stone and flung it at her, thereby causing an injury on hear head. Budhya, one of the accused, also struck a blow at her with an iron bar thereby injuring her right hand. Shamsuddin younger son who was hiding himself behind a tree was noticed by some of the accused persons. Budhya accused ran towards him and assaulted him with the butt end of-an- axe. Some of the other accused persons also assaulted him with the result that Shamsuddin lost consciousness. Thereafter the assailants left the scene, of occurrence and went away. As a result of this occurrence three members of this family died on the spot whereas two members suffered injuries.
Appeal by
special leave from the Judgment and order of the Bombay High Court. The
appellant in this appeal by special leave (in the trial court) was convicted by
the Second Additional Sessions Judge of Thana of offences under ss. 148, 323
and 302, I.P.C. and was sentenced to death under S. 302 and to various terms of rigorous imprisonment
under ss. 148 and 323 of the said Code.
The High
Court maintained his conviction and confirmed the sentence of death. The appeal fails and is dismissed.
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