Habeeb Mohammad was the Subedar of Warangalof the State of Hyderabad. He proceeded to the village of Gurtur with a number of police officers who are Moulvi Ghulam Afzal Biabz, Abdul Lateef Khan, Naseem Ahmed, Abdul Waheed Girdavar, Abdul Aleem Sahib. The police force to raid the village of Gutur in order to arrest certain bad characters. At that time villagers in number were came out to meet him to make representations.
Habeeb Mohammad ordered the policemen to freely fire on the un-armed as
well as in-offensive villagers as a result of the tailor Venkayya as well as
Yelthuri Rama died of bullet wounds on the spot. Yelthuri Eradu and Pilli
Malladu received bullet wounds as well as died. Five others were received bullet
wounds but after they recovered. The Habeeb Mohammad gave match boxes as well
as directed the policemen to go into the village and set fire to the houses. Habeeb Mohammad ordered and as the result of fire
approximately 191 houses were burnt down and that nearly 70 of the villagers
were tied up under that fire. Also some of them taken to Varadhanapeth and were
kept under wrongful confinement for some time as well as some were released.
Some others were taken to Warangal jail as the result of lodged there that
these acts were done by the Habeeb Mohhamad without legal authority or legal
justification. Then Habeeb Mohammad and the Abdul Lateef Khan, Circle Inspector
of Police were guilty of the offences of murder attempt to murder.
But defence was that the Habeeb Mohammad did not give the order to fire
that
two persons who had been sent to the village then fired at the policemen
threw stones by which Kankiah the jamedar was injured as well as one bullet
fell in front of the Nazim(policeman) as well as the unlawful assembly shouting
slogans against the Government. The villagers were violent as well as attempted
attacking the officials
then policemen tried to surround. Then the police tried to make them
understand but they did not listen after the crowd was armed with guns, spears,
lathis, axes, sickles and slings as well we seeing the delicate circumstances
the Habeeb Mohammad ordered to the police to open fire in self- defence. The police force whatever was done in
self-defence. The raiders were arrested
in due course of law. The destruction of houses by fire was committed by the
villagers hence that the Habeeb Mohammad had gone to the village only to arrest
congress mischief mongers as well as to maintain also as well as enforce law
and order. The Session Court came to the conclusion that the Habeeb Mohammad
was guilty of the offences with which he stood charged. The High Court of
Hyderabad the appeal should be dismissed. The hearing was confined to certain
constitutional points which had been raised by the Habeeb Mohammad attacking as
well as legality of the entire trial which resulted in his conviction. The
constitutional points raised by the Habeeb Mohammad failed under Article 32 of
the Constitution which writ petition was rejected.
The
Supreme Court held that Judicature of the upholding the conviction of the
Habeeb Mohammad by under sections 302, 307, 436, 342 and 148, Indian Penal
Code.
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