Fact of the case :

On the night between the 18th and 19th February 1953, the two appellants along with the three others (acquitted by the learned trial Judge) in pursuance of a conspiracy to commit the murder of Md. Moinuddin had set fire to the single room hut in which he was sleeping, after locking the door of the room from outside.

In addition, the culprits assaulted the employees of the deceased, who came forward to help him and among the employees, one of the servant named Kasim Khan was beaten severely. Later, the appellants set fire the superior force of the accused and their associates kept at bay to the cottage and the employees of the deceased. The appellants threw dust and freely used their sticks upon the villagers in order to prevent them from rescuing the deceased.

 On 23rd of February the Munsif Magistrate recorded the confessional statements given by the appellants, whereby it was stated that whatever was done was done in pursuance of the common intention of both of them.

The courts have also found it that there was a longstanding dispute between the deceased and the family of the second appellant over land which belonged to the deceased but which was in cultivating possession of the second appellant’s family. This dispute has been testified to not only by some of the prosecution witnesses but was also proved by the documentary evidences.

Issues Involved

Whether the doctrine of mens rea was present in this case?

Whether the appellants had committed the murder of deceased deliberately?

HELD : In view of the above circumstances disclosed in the evidence, the conclusion that is to be drawn was that the offence was committed after a preconcerted plan to set fire to the cottage after the man had, as usual, occupied the room and had gone to sleep. There is no doubt on the evidence led by the prosecution in this case that they have brought home the charge of murder against both the appellants and they deserve the extreme penalty of the law.

 “These acts of the accused were held to be clear enough to show that the intention of the accused was to murder the deceased. Hence, he was held guilty of committing murder”.