Bombay High Court
Mahimud A. Latif Qureshi vs The State Of Maharashtra on 9 February, 2021
Bench: S.S. Jadhav, N. R. Borkar
apeal-217.14.doc
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.217 OF 2014
Mahimud A. Latif Qureshi,
Age : 32, Occupation : Labour,
R/o. Mullababa Tekadi,
Near Laxmi Market, Siddheshwar Peth,
Solapur. Appellant
At present R/o. Kalamba Central Prison, ... (Orig. Accused)
Kolhapur.
V/s.
State of Maharashtra
At the instance of Sadar Bazar Police Station,
Solapur.
C.R.No.30 of 2011. ... Respondent
-------------------
Mr. Ujwal R. Agandsurve, Advocate for the Appellant.
Ms. M.H. Mhatre, APP for the Respondent - State.
---------------------
Digitally
signed by CORAM : SMT. SADHANA S. JADHAV &
Pallavi M.
Pallavi M. Wargaonkar
Wargaonkar Date:
N.R. BORKAR, JJ.
2021.02.09
16:08:17
+0530 RESERVED ON : 02.02.2021
PRONOUNCED ON : 09.02.2021
JUDGMENT (Per Sadhana S. Jadhav, J.)
1. The appellant herein is convicted for the offence
punishable under section 302 of Indian Penal Code and sentenced to
suffer life imprisonment and to pay fine of Rs.10,000/- in default to
suffer RI for six months by the learned Sessions Judge, Solapur vide
judgment and order dated 6th February 2014 in Sessions Case No.127
of 2011. Hence, this appeal.
pmw 1 of 9
apeal-217.14.doc
2. The case of the prosecution is as follows:-
(i) Arifa was residing with her husband, two sons namely
deceased Rehman and Shoeb. The appellant herein was residing in her
neighbourhood for several years. The indictment of the prosecution
against the appellant is that the accused appellant was nurturing a
suspicion that his wife Hajara has developed intimacy with Rehman
and therefore, he used to pick up quarrels with Rehman. The brother
of the appellant namely Gous had assured Arifa that Mahimud would
vacate the house. The appellant had then sold the house to one Jalil
Mulla and had changed the place of resident.
3. On 1st February 2011, Arifa lodged a report to Police
Station alleging therein that on 31st January 2011, at night after dinner
her son Rehman had retired for sleep in a room adjacent to their
house. His grandfather was sleeping in the same room. In the morning
of 1st February 2011 when she went to wake up her son she found
some women residing in the same lane outside the room and they
informed her that her son Rehman was being assaulted by Mahimood.
At the same time, she saw Mahimood coming out of the said room with
a knife in his hand. She therefore, chased him but to no avail. Rehman
also came out of the room. Rehman was soaked in blood. He collapsed
outside the room. They took Rehman to Civil Hospital. He was
seriously injured. On the basis of her report Crime No.30 of 2011 was
registered at Sadar Bazar Police Station for offence punishable under
sections 326 and 452 of the Indian Penal Code. On the same day,
Rehman succumbed to the injuries at about 5.00 pm, hence, section
326 was converted to section 302 of Indian Penal Code.
pmw 2 of 9
apeal-217.14.doc
4. After committal of the case to the Court of Sessions, the
prosecution examined as many as 16 witnesses to bring home the guilt
of the accused. The accused has examined defence witness Dr. Nitin
Abhiwant, Assistant Professor in Psychiatric Department of Chatrapati
Shivaji Maharaj Sarvopachar Rugnalaya, Solapur.
5. It is clear from the evidence of P.W.12 - Mohmmad Rafiq
Shaikh, who was posted as a Police Station in-charge at Sadar Bazar
Police Station on 1st February 2011 that soon after the incident the
accused had been to the Police Station along with a knife in his hand.
The blood stained knife and his blood stained clothes were seized by
P.W.12. The P.S.O. had handed over the articles to Constable Jain and
the accused was arrested. P.W.12 had also received an intimation from
the Hospital that Rehman had succumbed to the injury. He had
reduced all the incidents in the station diary. At the trial, he identified
the appellant as the person who had been to the police station
alongwith the blood stained knife.
6. P.W.1 - Arifa has deposed before the Court in consonance
with FIR. She has stated that the wife of the accused had withdrawn
herself from the society of her husband, almost three years prior to the
incident. He had never visited the house of the complainant after he
left his house. She has categorically admitted that she was acquainted
with the accused and also with his conduct since one year prior to the
incident. That his brother had vacated the premises at Moulali Chowk
and started residing at Begam Peth along with the accused.
pmw 3 of 9
apeal-217.14.doc
7. P.W.7 - Mohiddin Qureshi, the grandfather of deceased
Rehman has deposed before the Court that in the intervening night of
31st January 2011 and 1st February 2011, he was sleeping next to his
grandson Rehman. In the morning at 7.14, the accused had entered
into the said room and had inflicted blow of knife on the person of
Rehman. That upon hearing the cries of Rehman, P.W.7 woke up and
had seen the accused drawing out the knife from person of deceased
and had started running away. P.W.7 had cried for help and at that
time, Arifa reached the spot. P.W.7 raised an alarm that the accused is
fleeing. People had gathered. He had also tried to chase the accused.
He saw that his grandson had sustained grievous injury. Rehman had
disclosed to P.W.12 that he was assaulted by none other than the
accused appellant. He has also contended that Mahimud had left his
footwear in the same room. The same is corroborated by the evidence
of P.W.2 - Bashir Qureshi who acted as a panch for the scene of offence
panchanama which is at Exh.34. The Police had seized the articles
while conducting the panchanama. According to P.W.7, the accused had
assaulted Rehman since he was suspecting intimacy between Rehman
and his wife Hazara.
8. P.W.8 - Sufiya and P.W.14 - Taslim Salim Qureshi are
residing in the neighbourhood of the deceased. At the relevant time,
i.e., at about 7.15 am on 1st February 2014 they were sweeping their
respective courtyard. They saw the accused entering into the room of
Rehman. They had informed Arifa about the same. After sometime,
they had also seen the accused leaving the said room. All the witnesses
have stated that the accused was suspecting the character of his wife.
pmw 4 of 9
apeal-217.14.doc
The statement of the injured could not be recorded as he was seriously
injured, as is stated by P.W.13 - Prashant Jain.
9. P.W.6 - Dr. Santosh Baburao Bhoi had performed autopsy
on the dead body of Rehman. He had noticed about 16 external
injuries. He had not noticed any fracture. He has proved the post-
mortem notes at Exh.40.
10. In the present case, it is pertinent to note that the accused
has not seriously challenged the occurrence of the incident. In any
case, the accused himself had been to the Police Station along with the
blood stained knife and had surrendered to the Police. The
Investigating Officer P.W.16 - Vijay Kumbhar has denied the suggestion
that the accused was mentally disturbed for the last 10 years and that
he was under the treatment of a psychiatrist till 1st February 2011.
11. The accused has examined Dr. Nitin Abhiwant as a defence
witness. According to Dr. Nitin, the accused was referred to him in the
year 2011 with complaints of suspicious nature, delusions,
aggressiveness and destructive mind. Upon examination of the patient
he had found substance in the complaint. The patient was given 4
electric shocks as he was diagnosed as a case of paranoid
schizophrenia. That in a case of paranoid schizophrenia patient suffers
from delusion, fear psychosis and occasionally becomes violent. The
accused was treated as an indoor patient from 2 nd August 2010 to 26th
August 2010. The mother of the patient had told defence witness no.1
that the accused was ill since last 10 years and was initially being
pmw 5 of 9
apeal-217.14.doc
treated by a psychiatrist at Ahmednagar. The witness has opined that a
patient of paranoid schizophrenia acts in a state of delusion and,
therefore, does not understand the consequences of his act. He has
further opined that schizophrenia is incurable but it can be controlled
under medical observation. That if the treatment is discontinued the
possibility of the patient becoming violent and aggressive cannot be
ruled out.
12. D.W.1 has placed on record the medical case papers
indicating the treatment given to the accused. The same are marked at
Exh.70. In answer to the Court questions D.W.1 has stated that
schizophrenia is of different degrees. A paranoid patient is afraid of
other people. That a patient suffering from paranoid schizophrenia
always apprehends danger by other people and therefore, he tries to go
in seclusion. That, the patient becomes violent only when somebody
tries to disturb him even if they happen to be his family members. If a
particular person is selected for attack it may be because of delusion.
The patient becomes occasionally and periodically insane. Electric
shocks are given to such patients for clearing delusions in the mind.
The accused was given electric shock till the month of August and
thereafter, the treatment was discontinued. The medical case papers
are on record. The last treatment was given on 26 th August 2010. It
was recorded in the case papers as under :-
"The case papers show that he was suffering from a
paranoid state of mind for almost 7 to 8 years. Two to three
years prior to the incident his behaviour was worsened
gradually. He was suspicious that someone had played black
magic on him and those people had hammered nails and
pmw 6 of 9
apeal-217.14.doc
screws in his home to kill him and therefore, he used to
keep a knife with him and also used to remove the nails
from the doors and windows. His speech was irrelevant. He
believed that he was born with God Siddheshwar and
Shahajaali Baba and his hair were cut at that time for the
purpose of black magic. He was also suspecting his wife
having extra-marital relations with other people while he
was asleep and therefore, his wife had abandoned him. He
also tried to file a complaint against his enemies. He was
indulging into abusing and assaulting neighbors and family
members even in absence of any provocation. He had set
his clothes and household articles on fire. He used to sleep
less."
The prescriptions are also placed on record. All this would
clearly establish that he was a case of paranoid schizophrenia.
13. We had called for a report from the jail where he is lodged.
It appears from the record that when he appeared to be normal he was
sent to Open Prison but thereafter, he was again transferred to
Aurangabad Central Prison. The Jailor has filed a report on 21 st
January 2021 that in the Prison also he is continuously talking to
himself does not sleep at night, does not take his meals regularly, walks
out of the barracks in the middle of night and therefore, he was
referred to a psychiatrist in the jail. He was also referred to Civil
Surgeon, Government Medical College Hospital at Aurangabad.
14. The Apex Court, in a similar case of Shrikant Anantrao
Bhosale Vs. State of Maharashtra1, has held as follows:-
"In the present case, however, it is not only the aforesaid
facts but it is the totality of the circumstances seen in the
1 (2002) 7 SCC 748
pmw 7 of 9
apeal-217.14.doc
light of the evidence on record to prove that the appellant
was suffering from paranoid schizophrenia. The
unsoundness of mind before and after incident is a relevant
fact. From the circumstances of the case clearly an inference
can be reasonably drawn that the appellant was under a
delusion at the relevant time. He was under an attack of the
ailment. The anger theory on which reliance has been
placed is not ruled out under schizophrenia attack. Having
regard to the nature of burden on the appellant, we are of
the view that the appellant has proved the existence of
circumstances as required by Section 105 of the Evidence
Act so as to get benefit of Section 84 IPC. We are unable to
hold that the crime was committed as a result of extreme fit
of anger. There is a reasonable doubt that at the time of
commission of the crime, the appellant was incapable of
knowing the nature of the act by reason of unsoundness of
mind and, thus, he is entitled to the benefit of Section 84
IPC. Hence, the conviction and sentence of the appellant
cannot be sustained."
15. Taking into consideration the medical case papers placed
on record by D.W.1 it can be held that the accused has proved that he
was suffering from paranoid schizophrenia. The applicant did not
understand the consequences of his own act. He was deprived of the
power of cognition at the time when he committed the offence and
therefore, he would be entitled to the benefit of section 84 of IPC. In
the light of the above discussion, the appeal deserves to allowed.
Hence, we pass the following order:-
ORDER
(i) The Appeal is allowed;
(ii) The order of conviction and sentence passed by the learned
Sessions Judge, Solapur in Sessions Case No.127 of 2011 in
Crime No.30 of 2011 vide judgment and order dated 6 th
pmw 8 of 9
apeal-217.14.doc
February 2014 is hereby quashed and set aside;
(iii) The appellant is acquitted of all the charges levelled
against him;
(iv) The appellant be released forthwith, if not required in any
other case;
(iv) The fine amount, if paid, be refunded;
(v) The appeal is disposed of on above terms.
(N.R. BORKAR, J.) (SMT. SADHANA S. JADHAV, J)
pmw 9 of 9
