Court drops murder charge, sends man to 7 years in jail for killing brother
Mushir Idris, a 23-year-old Mankhurd resident, has been convicted of culpable homicide not amounting to murder after assaulting and killing his elder brother out of anger and provocation. The murder charge was dropped, and Idris has been sentenced to seven years imprisonment. The court considered the previous conduct of the deceased, who had locked Idris out of their sewing room, and decided that his actions had caused significant provocation.
The sessions court recently dropped the murder charge against a 23-year-old Mankhurd resident and instead convicted him for culpable homicide not amounting to murder, on grounds that the accused assaulted his elder brother out of provocation and anger, resulting in his death.
The convict, Mushir Idris, has been sentenced to seven years’ imprisonment.
According to the prosecution, Mushir and Firoz Idriz worked as tailors at a local garment shop. Later, Firoz quit the job and tried to dissuade Mushir from continuing with the work, saying it was not profitable to them. But Mushir did not pay any heed to Firoz’s request. On this count there used to be frequent altercations between the brothers.
On September 2, 2012, Firoz had called Mushir for a meeting by 6 pm. When Mushir did not turn up by that time, Firoz locked his room, which had the former’s sewing machine and other articles, and went over to a relative’s house for dinner.
Mushir returned by 8 pm, broke the lock and entered the room. When Firoz came home at 11 pm, there was an argument between the two. Out of anger, Mushir picked up a pair of scissors and assaulted Firoz. Firoz sustained grievously injuries and later died.
Mushir was arrested and charged with murder. The prosecution relied on the testimony of Firoz’s wife to prove the charge. Mushir’s lawyer Amrish Salunke, however, pointed out that after completing the day’s work at the garment shop, the accused would go for another work and was earning well. Firoz used to quarrel with him and assault him and had assaulted him on the day of incident, the lawyer said.
After hearing both sides, the court said that Firoz’s conduct caused a grave and sudden provocation to the accused. “The refusal on the part of accused to turn up for a discussion appears reasonable because no person would ever think of discontinuing with his profitable venture. Out of sheer jealousy, Firoz locked the door of the room where the accused had kept his stitching machine, to prevent him from doing business in a way with which he was going with it. When the accused came to know about it, he was enraged,” the court said.
“Thus, the mental background created by the previous act of Firoz is taken into consideration in order to ascertain the subsequent act which caused a grave and sudden provocation for the accused in committing the offence,” the court said.