Moreover, the author has gainfully used her wealth of knowledge of other subjects in putting the facts across to the students effectively. The first part of the book is a textbook designed especially for the classroom. Part tow is an enrichment section, which deals with the lives of the Prophets, the Sirah of Prophet Muhammad and the lives of some prominent Sahabah and other pious Muslims.
Biographies of the Prophets and Sahabah as role models. A Hadith Guide for Personal and Social Conduct, is a gentle introduction that takes over ahadith from the six authentic collections predominantly from Bukhari and Muslim and arranges them into an easily understood and accessible subject matter. Its unique style of inter-twining each subject matter with the appropriate verses of the Qur'an at the beginning of each chapter followed by carefully selected hadiths makes it fascinating to read, a truly scholarly work made accessible to the general reader.
This work draws heavily on arguments set forth in the Holy Qur'an and Sunnah, including arguments that refute the views of sects that have deviated from the Sunnah of the Prophet. This work draws heavily on arguments set forth in the Holy Qur'an and Sunnah, including arguments that refute the views of sects that have deviated from the Sunnah of the Prophet peace be upon him. Moreover, this book contains references to views of the Shi'ah, Khawarij and mystics that have departed from the right path.
English and Arabic text. The book provides a comprehensive guide to traditional Islamic teaching and its effect on Muslims' daily lives. Only by following God's guidance can Muslims live in peace while they are on earth and attain Paradise in the Afterlife. It is through a strong network of Islamic attitudes and actions based on knowledge that Muslims are able to bind both to one another and to their faith.
Muslim Manners make a rich contribution to necessary that knowledge. In order to live by God's unchanging standards Muslims need a clear understanding that Islam is a total system. This book provides information on kindness, obedience, helping others, respect hospitality, dress, hygiene and animal welfare. It also covers such subjects of topical relevance to today's young Muslims growing up in the West as obligations to parents and teachers, choosing the right company, racial and colour equality, purity, modesty and chastity. A guide book for Parents and Teachers on teaching children morals and Manners.
The important pillar of Islam, Salah daily prayers is explained in detail in this invaluable book. The aim is to acquaint young Muslims with the knowledge necessary to be able to perform this vital act of worship. The book gives a detailed account of the process of making Wudu, then carefully describes how to perform Salah. In addition to the five daily Salah, there are chapters on Salah for special occasions, eleven Surahs of the Qur'an, and a selection of Qur'anic verses on Ma'ruf and Munkar.
The author sets out to achieve this with the use of diagrams, pictures, Arabic text and English transliteration. The intended age range is 10 - 16, although older people may also find it a useful aid to learning. This book should be useful for young English-speaking Muslims, as well as those new to Islam. Explains the necessary details of the second basic duty of Islam-Salah.
The book covers the required beliefs of Islam and presents them in a systematic manner. An indispensable translation of the classic work of the early Islamic scholar Abu Ja'far at-Tahawi D. This book is for Senior High students as well as adult readers. Imam Tahawi's al-'Aqidah, representative of the viewpoint of Ahl-al-Sunnah wa-al-Jama'a, has long been the most widely acclaimed, and indeed indispensable, reference work on Muslim beliefs, of which this is an edited English translation.
He lived A. This period was the zenith of Haddith and Fiqh studies, and Imam Tahawi studied with all the living authorities of the day. He began as a student of his maternal uncle, Isma'il bin Yahya Muzni, a leading disciple of Imam Shafi'i. Indeed, he had seen his uncle and teacher turning to the works of Hanafi scholars to resolve thorny issues of Fiqh, drawing heavily on the writings of Imam Muhammad Ibn al-Hasan al-Shaybani and Imam Abu Yusuf, who had codified Hanafi Fiqh. This led Imam Tahawi to devote his whole attention to studying the Hanafi works and he eventually joined the Hanafi School.
Imam Tahawi stands out not only as a prominent follower of the Hanafi School but, in view of his vast erudition and remarkable powers of assimilation, as one of its leading scholars. His monumental scholarly works, such as Sharh Ma'ani al-Athar and Mushkil al-Athar, are encyclopedic in scope and have long been regarded as indispensable for training students of Fiqh.
Al-'Aqidah, though small in size, is a basic text for all times, listing what a Muslim must know and believe and inwardly comprehend. For these doctrines shared by Ahl-al-sunnah wa-al-Jama'ah owe their origin to the Holy Qur'an and consistent and confirmed Ahadith - the undisputed primary sources of Islam. Being a text on the Islamic doctrines, this work draws heavily on the arguments set forth in the Holy Qur'an and Sunnah. Likewise, the arguments advanced in refuting the views of sects that have deviated from the Sunnah, are also taken from the Holy Qur'an and Sunnah.
As regards the sects mentioned in this work, a study of Islamic history up to the time of Imam Tahawi would be quite helpful. References to sects such as Mu'tazilah, Jahmiyyah, Qadriyah, and Jabriyah are found in the work. Moreover, it contains allusions to the unorthodox and deviant views of the Shi'ah, Khawarij and such mystics as had departed from the right path. There is an explicit reference in the work to the nonsensical controversy on khalq-al-Qur'an in the times of Ma'mun and some other 'Abbasid Caliphs.
While the permanent relevance of the statements of belief in al-'Aqidah is obvious, the historical weight and point of certain of these statements can be properly appreciated only if the work is used as a text for study under the guidance of some learned Person able to elucidate its arguments fully, with reference to the intellectual and historical background of the sects refuted in the work. Such study helps one to better understand the Islamic doctrines and avoid the deviations of the past or the present.
The fifth edition of Islam: Beliefs and Teachings was published in June This edition saw a number of corrections and amendments to the text. It is ideal for young Muslims, new Muslims and non-Muslims who want an easy-to-read overview of the final revealed religion. Many schools and Islamic centers now use Islam: Beliefs and Teachings as a standard text. Now, in its sixth printed edition, presents Islam as a complete way of life, expressing clearly and concisely the basic beliefs, duties and teachings of Islam. It presents the key aspects of the life of Prophet Muhammad saas and short sketches about some of the prophets.
It gives an overview of the rightly-guided Caliphs, and brief details of the lives of some prominent Muslim women. It includes a selection of verses from the Qur'an and Ahadith. It is, perhaps, the first attempt to incorporate the essential aspects of Islam in one book. It is increasingly used as a text book in secondary schools.
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It is read in almost all parts of the English-speaking world. Islam for Younger People is intended for children ages six to eleven years. Course units in Islamic education seminar course are different from those of courses in regard to content method of delivery.
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The instruction process in a research based course is easy if the lecturer is able to follow the initial plan. The first step is awareness creation at first time. At this level, the lecturers described some terminologies in regard to the course content such that students are able to have almost the same understanding and perception. The explanation involved: assignments and assessment instruments. The point derived from this initial explanation was meant to inform students that process of learning and evaluation is the same.
Groups were formed randomly with the help of lecturer during the first meeting. Each group consists of 9 members. After the group formation they are then arranged in order. After the group is formed the lecturer explains the tasks assigned to each group. The material is designed in a research project and students are expected to present their projects within a stated period of time. The semester ends with group discussions and presentations in form of a workshop and seminar. The implementation of the research based method in the teaching of Islamic education has been proven appropriate both in concept and in practice.
The results of this study indicate that the entering behavior is something that is very important to consider, especially in regard to ability and habit of learning Islam as well as the level of student mastery of the course. Performance assessment is very important as an effective evaluation tool in learning.
The results of this study also revealed that a research based method can be applied practically in learning Islamic education to increase faith and devotion of students. This method can also be used to improve the quality of graduates. Competing interests. AA wrote the paper, and also conducted the study which resulted into this paper. Upon this, he therefore, wish to leave the right s to publish to a single author in the names of AA who also organized the manuscript in its current status. National Center for Biotechnology Information , U.
Published online Dec Abas Asyafah. Author information Article notes Copyright and License information Disclaimer. Abas Asyafah, Email: moc. Corresponding author. Received Apr 20; Accepted Dec 2. This article is published under license to BioMed Central Ltd. Electronic supplementary material The online version of this article doi Keywords: Instruction, Islamic education, Students teaching and learning, Research based instruction.
Introduction To anticipate the negative effects brought about by the developments in the field of Information and Communication technologies ICT , and with the influence of globalisation, it is necessary for human beings to understand how to behave in society. Literature review The aim of teaching Islamic education is to develop and promote moral character. Open in a separate window.
Figure 1. Research methodology The study was conducted at the Indonesia University of Education for a period of eight 8 months from to Findings and discussion Planning teaching and learning process Instruction This research aimed to find-out and also reveal a descriptive view about the research based instruction model in the teaching Islamic education seminar at the Indonesia University of Education.
The instruction process The instruction process in a research based course is easy if the lecturer is able to follow the initial plan. Creating similar perception The first step is awareness creation at first time. Group formation Groups were formed randomly with the help of lecturer during the first meeting. Table 1 Format for a research based course. Number Topic or title Background Research problem 1. Each group is given chance to choose a topic of its own interest but in regard to Islamic education Writing the background setting the foundation for the study Briefly describe the points to be raised in the research and the topic.
Student creativity Student Creativity Creativity but not fiction. Conclusion The implementation of the research based method in the teaching of Islamic education has been proven appropriate both in concept and in practice. Footnotes Competing interests The author declares that he has no competing interests.
References Abdulhak I. Metodologi Pembelajaran Orang Dewasa. Bandung: Andira; Int Educ Stud. Pendidikan Kewarganegaraan. Jakarta: ICCE; J Moral Educ. Filsafat Pendidikan Islam. Bandung: Pustaka Setia; New York: Bantam books; Pendidikan Agama Islam Berbasis Kompetensi. Jakarta: Remaja Rosdakarya; Akal dan Wahyu dalam Islam. Jakarta: UI Press; Islam Rasional, Bandung, Mizan. Teaching functions. Thereafter, she further deposed, vehicle was arranged and injured were rushed to Faizabad for treatment but on the way, her daughter Agma, son-in-law Altaf and grand son Sonu succumbed to injuries.
In cross examination, when she was confronted with her statement recorded under section Cr. C she did not deny that she had given the statement as read out to her. She however denied the suggestion that she had not accompanied Salma but it was police constable who had taken Salma to hospital. She denied the knowledge as to what was the conveyance used by the accused.
She had given the statement to the effect that the accused Afaq had shifted his wife Nazma and children to his in law's house in a tempo. She denied to have had knowledge whether Nazma wife of Afaq was pregnant and therefore, she had gone to her father's house. She also stated that she knew Urdu language only. This witness was also subjected to gruelling cross- examination but nothing shaking the foundation of prosecution case or impeaching the testimony of this witness could be elicited.
On that day he conducted the postmortem examination of Altaf Ahmad and found the following ante-mortem injuries :. Incised wound of size 9 cm X 2 cm. On internal examination he found that parietal occipital and temporal bones were fractured, membrane of brain and brain were torn and about 50 ml. In the opinion of the doctor the death was caused due to bleeding and shock.
He also opined that death of Altaf could be caused on The post mortem report of Altaf Ahmad is Ext. Chandra Shekhar Singh stated that on the same day i. Incised wound 7 cm. X muscle deep on the right parietal reason 3 cm. On internal examination the brain and membrane were found torn and parietal occipital of the skull was found fractured. The cause of death was excess bleeding and shock due to ante-mortem injuries. His death could be caused on The postmortem report of the deceased Sonu prepared and signed by him is Ext.
From the perusal of the record, it transpires that post mortem of Smt. Agma wife of Altaf was also conducted by P. It was not exhibited in the trial court but it will not cast any shadow over the merits of the case. Salma aged about 9 years and found the following injury:. This injury was kept under observation and the patient was admitted in the hospital.
The injury report of Km. Salma was prepared by him and is exhibited as Ext. In his opinion this injury could be caused by axe on He recorded the statements of the complainant Smt. Ausafulnisa, eye witness Adil Khan and scribe of Chik F. He inspected the place of occurrence on the pointing out of the complainant and prepared site plan which is marked as Ext. He collected the blood stained soil, plain soil and blood stained bed sheet from the room of the deceased Sonu, Rani alias Hazarabano and injured Km.
Salma and prepared recovery memo which is marked as Ext. The said blood stained bed sheet is marked as material Ext. He took samples of blood stained soil and plain soil where deceased Agma was lying and prepared recovery memo Ext. He prepared the inquest report of the dead bodies and sent the same to hospital for postmortem. He also took possession of the blood stained, plain soil and blood stains from the cot upon which the deceased Altaf was lying and prepared the recovery memo Ext. The blood stained knot of the cot on which the deceased Altaf was sleeping is marked as material Ext.
On He recorded statement of accused-appellant Afaq. He prepared the recovery memo of the axe marked as material Ext. Salma daughter of Altaf. The said axe marked as material Ext. He also prepared site plan Ext. He further stated that the blood stained soils and plain soils which was taken from the place of occurrence are marked as materials Ext. Thereafter he was transferred from the police station Raunahi and the investigation was handed over to the Shri Azad Kesri Sub Inspector P.
On that day at 4. Crushed injury over left side of scalp 5 cm. Skull bone was fractured, left temporal bone fractured and brain matter was opened, clotted blood was present. The post mortem report of Km. Hazarabano was prepared by him and is exhibited as Ext Ka In his opinion the said injury could be caused by axe and thereby death due to shocked due to head injury.
He met the village Pradhan Shafiq Ahmad and area Lekhpal Sri Ram Navel Yadav in order to ascertain about the property of accused and deceased and recorded their statements. He recorded the statement of Gram Panchayat Adhikari to ascertain about the properly of accused-appellants. He also recorded the statement of inquest witness Sri Ran Vijay Singh on Ka, against the accused Afaq, Akhlaq, Smt. He also deposed that he was acquainted with the hand writing and signature of Sri Abhimanyu Dhar Dwivedi. The gang chart is marked as Ext Ka Ka respectively. In the cross examination, he said that he did not record the statement of those witnesses whose statement had already been recorded by the earlier Investigating Officer.
He denied the suggestion that he has concocted the entire prosecution case in order to falsely implicate the accused on trumped up charges. They also contended that the evidence adduced by the prosecution cannot be accepted as they, besides being interested witnesses, have given a concocted version which casts severe doubts about truthfulness of the prosecution case. It was submitted that the prosecution failed to make out any case against the accused appellants. To prop up their submissions, they argued that the first information report is anti-timed; that the evidence adduced by the prosecution is conflicting and self contradictory and therefore, they further argued that the same cannot be said to be reliable for basing the conviction of the appellants.
They also referred to the evidence of P. The learned counsel further submitted that the motive is too feeble. It is also submitted that the learned trial court rendered the impugned judgment merely on surmises and conjectures resulting in gross miscarriage of justice in convicting the appellants.
It was further submitted that the appellant Akhlaq was blind person and was unable to see and recognize anybody and his involvement in the commission of offence is highly doubtful. They put weight to the arguments advanced and further argued that the case does not come within the ambit of the rarest of rare cases in which the death sentence can be awarded and which would warrant the penalty of death sentence, if the prosecution is believed to be true.
The accused are innocent and have not committed any crime and they deserve to be acquitted. Summing up arguments, the learned counsels also contended that there is no reliable evidence brought on record to connect the appellants with the crime and therefore, the appellants could not be convicted for offences punishable under the aforesaid sections.
Per contra, learned A. It has been further argued by the learned A. Besides there is no conflict or contradiction between the prosecution case and ocular testimony. He further submitted that the evidence on record has proved the prosecution case beyond any shadow of doubt and the conviction and sentence awarded by the learned trial court does not require any interference by this Court. First of all we shall deal with the contention regarding interestedness of the witnesses.
In such a situation it only puts the court with the solemn duty to make a deeper probe and scrutinize the evidence with more than ordinary care. It is more often that a relation would not conceal let off the hook to the real culprit. It must be observed here that if plea of false implication is made, foundation has to be laid to prop it up. It brooks no dispute that the court has to adopt a careful approach and analyse evidence to find out whether it is cogent and credible. The learned trial court has placed implicit reliance on the evidence of P.
The trial court also rejected the contention that P. Akhlaq and Afaq appellants had asaulted her father, mother, sister and brother with their axes. She was subjected to gruelling cross examination but nothing shaking the foundation of case or impeaching the testimony of the witnesses could be elicited.
He further deposed that at about 3. This witness has supported the prosecution case in all its pros and cons. Likewise P. Ausafulnisha also supported the prosecution case in all its ramification. Ausafulnisa deposed that on the fateful night at about 3. She screamed for help upon which Nasim and other persons of the village came on the spot and upon being challenged, the accused appellants Akhlaq and Afaq fled away from the seen of occurrence.
Ausafulnisa was also subjected to gruelling cross examination but nothing shaking the foundation of prosecution case could be elicited. From a close scrutiny of the statements of the above witnesses it clearly transpires that their presence at the time of place of occurrence cannot be denied and further that the evidence of these witnesses was cogent and convincing. In connection with the above, we feel called to notice certain decisions on the point.
In the case of Dalip Singh and Ors. We are unable to agree with the learned Judges of the High Court that the testimony of the two eye-witnesses requires corroboration. If the foundation for such an observation is based on the fact that the witnesses are women and that the fate of seven men hangs on their testimony, we know of no such rule. If it is grounded on the reason that they are closely related to the deceased we are unable to concur.
This is a fallacy common to many criminal cases and one which another Bench of this Court endeavoured to dispel in ' Rameshwar v. We find, however, that it unfortunately still persists, if not in the judgments of the Courts, at any rate in the arguments of counsel. A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely.
Ordinarily a close relation would be the last to screen the real culprit and falsely implicate an innocent person. It is true, when feelings run high and there is personal cause for enmity, that there is a tendency to drag in an innocent person against whom a witness has a grudge along with the guilty, but foundation must be laid for such a criticism and the mere fact of relationship far from being a foundation is often a sure guarantee of truth.
However, we are not attempting any sweeping generalization. Each case must be judged on its own facts. Our observations are only made to combat what is so often put forward in cases before us as a general rule of prudence. There is no such general rule. Each case must be limited to and be governed by its own facts. In the case of Masalti and Ors. State of U. There is no doubt that when a criminal Court has to appreciate evidence given by witnesses who are partisan or interested, it has to be very careful in weighing such evidence.
Whether or not there are discrepancies in the evidence; whether or not evidence strikes the Court as genuine whether or not the story disclosed by the evidence is probable, are all matters which must be taken into account. But it would, we think, be unreasonable to contend that evidence given by witnesses should be discarded only on the ground that it is evidence of partisan or interested witnesses. Often enough, where factions prevail in villages and murders are committed as a result of enmity between such factions, criminal Courts have to deal with evidence of a partisan type.
The mechanical rejection of such evidence on the sole ground that it is partisan would invariably lead to failure of justice. No hard and fast rule can be laid down as to how much evidence should be appreciated. Judicial approach has to be cautious in dealing with such evidence; but the plea that such evidence should be rejected because it is partisan cannot be accepted as correct.
The above position was highlighted in the case of Guli Chand and Ors. It is well settled that in a criminal trial merely because a witness is interested his evidence cannot be discarded if the same is otherwise found to be credible. In the present case, as we have come to the conclusion that the evidence of these witnesses is consistent and corroborated by medical evidence it is not possible to discard the same on the ground that they were interested person.
In the case of Namdeo Vs. From the above case law, it is clear that a close relative cannot be characterized as an "interested" witness. He is a "natural" witness. His evidence, however, must be scrutinised carefully. If on such scrutiny, his evidence is found to be intrinsically reliable, inherently probable and wholly trustworthy, conviction can be based on the "sole" testimony of such witness. Close relationship of witness with the deceased or victim is no ground to reject his evidence. On the contrary, close relative of the deceased would normally be most reluctant to spare the real culprit and falsely implicate an innocent one".
The above position was highlighted in the cases of Harbans Kaur and another Vs. State of W. All the witnesses of fact namely P. Therefore, in view of the law laid down by the Apex Court in the above mentioned decisions, we are of the considered view that there arises no reason to disbelieve them. The next argument advanced across the bar revolves round the motive. It is submitted that the motive alleged was not so powerful as to impel appellants for commission of murder of his own brother.
Before dealing with this aspect, we are of the considered view that the question of motive is not material where there is a direct evidence of the acts of the accused and the acts themselves are sufficient to disclose the intention of the accused persons. Motive is the ultimate end which a person hopes to achieve whereas intention is the immediate effect of his act. Moreover motive is not a Sine-quo-non to prove the case of the prosecution. In deciding the question of intention of causing death, the nature of weapon used, the part of the body on which the blow was given, the force and number of blows are all factors from which an inference as to the intention can, as a fact, be drawn.
Here in the instant case from a perusal of the record and also the testimonies on record, it is amply proved that by the time the incident had occurred, the dispute over landed property had aggravated between the deceased Altaf and the appellants. The factum of dispute between the parties relating to landed property has not been emphatically denied by the defence. The learned counsel has tried to soft-peddle the dispute stating that it was over a small piece of land.
We have also perused the reasoning given by the court below as regards motive and in our considered view, the motive was too strong for commission of the offence. The argument that the dispute was over a small piece of land, cannot be stretched to a point as to hold that the motive was too feeble to impell the appellant to commit the crime. The next argument advanced by the learned counsel for the appellants is that appellant-Akhlaq was blind person.
Defence has to prove his defence to the extent of preponderance of probability where as prosecution has to prove his case to the hilt of all reasonable doubts. On the other hand, the accused-appellant Akhlaq has not produced any convincing evidence in defence to prove that he was blind person. The appellant Akhlaq even to the extent of preponderance of probability failed to prove that he was blind person at the time of occurrence.
The next argument which was emphatically canvased is that P. In connection with the above submission, we have to glance back into the evidence of P. It would appear from the record that at the time of incident the witness was aged about 9 years. She stated that on the day of occurrence she was sleeping with her mother, father, sister and brother and at about 3.
This witness too was subjected to grueling cross examination. In her evidence, she had denied that she was tutored. The mental agility of this witness was tested by the trial court by asking her to tell the time as indicated by the wall clock hanging in the court. She recognized Mohd. Akhlaq and Afaq who were present in the court. The evidence of this witness is concise and precise and it is specific and vivid.
It is neither embellished nor embroidered. It is the evidence of a child who has gone through the unusual and cruel incidence. It is pathetic that the girl of a tender age has seen her father, mother and others being killed. The Indian Evidence Act does not prescribe any particular age as a determinative factor to treat a witness to be immune from tutoring.
Section of the Evidence Act envisages that all persons shall be competent to testify, unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to these questions because of tender years, extreme old age, disease whether of mind, or any other cause of the same kind. A child of tender age can be allowed to testify if he has intellectual capacity to understand questions and give rational answers thereto. It is settled position in law that the evidence of a child witness is not required to be rejected per se but the court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about the quality thereof and reliability can record conviction based thereon.
In Dattu Ramrao Sakhare v. A child witness if found competent to depose to the facts and reliable one such evidence could be the basis of conviction. In other words even in the absence of oath the evidence of a child witness can be considered under Section of the Evidence Act provided that such witness is able to understand the questions and able to give rational answers thereof. The evidence of a child witness and credibility thereof would depend upon the circumstances of each case. The above position was highlighted in the cases of Ratansingh Dalsukhbhai Nayak v.
Devaji Dhote Vs. The decision on the question whether the child witness has sufficient intelligence primarily rests with the trial Judge who notices his manners, his apparent possession or lack of intelligence, and the said Judge may resort to any examination which will tend to disclose his capacity and intelligence as well as his understanding of the obligation of an oath.
The decision of the trial court may, however, be disturbed by the higher court if from what is preserved in the records it is clear that his conclusion was erroneous. This precaution is necessary because child witnesses are amenable to tutoring and often live in a world of make-believe. Though it is an established principle that child witnesses are dangerous witnesses as they are pliable and liable to be influenced easily, shaken and moulded, but it is also an accepted norm that if after careful scrutiny of their evidence the court comes to the conclusion that there is an impress of truth in it, there is no obstacle in the way of accepting the evidence of a child witness.
In view of the law laid down by the Apex Court in the above mentioned decisions, we are of the considered view that looking at from any angle the judgment of the trial court on this point does not suffer from any infirmity to warrant interference. The next argument advanced by the learned counsel for the appellants is that the first information report is anti-timed. A bare perusal of the first information report would reveal that the incident took place on We have given our anxious consideration on the point and from a close scrutiny of the entire evidence on record it clearly transpires that the first information report is not anti-timed.
The next argument revolves round the submission that it was not possible for two persons to have committed the murders that too in the presence of number of witnesses. It has come in the evidence that deceased Altaf was asleep outside at the door of the house, while Agma deceased was asleep in the court yard. The other deceased persons were asleep in the room situated on the western side of the house. It has again come in the evidence of the witnesses that they woke up on hearing the groans of the deceased and injured.
All the deceased and injured were asleep at separate places. A person who is fast asleep if attacked would not react so quickly as a person who is quite awake and is attacked.
In this circumstance, the sound of groaning or crying gets subdued. From the facts on record, it would transpire that operation of attacking with axes were carried with utmost precision and quickness and in such circumstances, it would leave little room for the deceased to have reacted or cried for help or to ward off the blows particularly when they were fast asleep. In view of the facts and circumstances of the case, we are of the considered view that the entire operation of attacking with excess by the accused-appellants Akhlaq and Afaq could well be conducted by the accused-appellants.
The next subsidiary argument advanced across the bar is that the investigation was not properly conducted and the investigation conducted was shoddy and left many questions unanswered and further that the investigating officer etc were not cross examined and therefore, it was a fit case for remand. All these aspects have been dealt with at prolix length by the court below and we do not propose to burden this judgment by reiterating all those details all over again. It would suffice to say that the trial court has given cogent reasons to dispel the contentions that the investigation was shoddy.
We feel called to notice certain decisions on the point. In the case of Rampal Pithwa Rahidas v. State of Maharashtra reported in Supp 2 SCC 73 a somewhat similar situation occurred where the Apex Court reiterated the duty of the investigating agency to act honestly and fairly. In that case a communication-cum-application by an approver, before he was made approver wherein he had claimed the bail on the ground that he knew nothing about the offence and he was unnecessarily being incarcerated, was not confronted to him at the time of trial. The Court took the view that though the witness was not confronted with that statement and in a strict sense it was not brought before the Court, yet the same communication could be looked into by the Courts.
In every civilized society the police force is invested with the powers of investigation of the crime to secure punishment for the criminal and it is in the interest of the society that the investigating agency must act honestly and fairly and not resort to fabricating false evidence or creating false clues only with a view to secure conviction because such acts shake the confidence of the common man not only in the investigating agency but in the ultimate analysis in the system of dispensation of criminal justice.
Let no guilty man go unpunished but let the end not justify the means! The Courts must remain ever alive to this truism. Proper results must be obtained by recourse to proper means -otherwise it would be an invitation to anarchy. In the case of Ram Bihari Yadav Vs. State of Bihar reported in 4 SCC , it was held that if primacy is given to such designed or negligent investigation, to the omission or lapses by perfunctory investigation or omissions, the faith and confidence of the people would be shaken not only in the law- enforcing agency but also in the administration of justice.
In the case of Paras Yadav Vs. State of Bihar reported in 2 SCC , it was held by the Hon'ble the Supreme Court that if the lapse or omission is committed by the investigating agency or because of negligence the prosecution evidence is required to be examined dehors such omissions to find out whether the said evidence is reliable or not, the contaminated conduct of officials should not stand in the way of evaluating the evidence by the courts; otherwise the designed mischief would be perpetuated and justice would be denied to the complainant party. In the case of Amar Singh.
In cases of defective investigation the court has to be circumspect in evaluating the evidence but it would not be right in acquitting an accused person solely on account of the defect. In the case of State of M. Mansingh reported in 10 SCC , the Apex Court has observed in paragraph 12 of the judgment as under:. Even if it is accepted that there were deficiencies in the investigation as pointed out by the High Court, that cannot be a ground to discard the prosecution version which is authentic, credible and cogent In the case of Dhanaj Singh alias Shera and others Vs.
State of Punjab reported in 3 SCC , the Apex Court has observed in paragraphs 5 and 8 of the judgment as under:. In the case of a defective investigation the court has to be circumspect in evaluating the evidence. But it would not be right in acquitting an accused person solely on account of the defect; to do so would tantamount to playing into the hands of the investigating officer if the investigation is designedly defective. The stand of the appellants relates esentially to acceptability of evidence. Even if the investigation is defective, in view of the legal principles set out above, that pales into insignificance when ocular testimony is found credible and cogent In the case of Zahira Habibulla H.
Sheikh and Anr. State of Gujarat and Ors. The Courts have to take a participatory role in a trial. They are not expected to be tape recorders to record whatever is being stated by the witnesses. Section of the Code and Section of the Evidence Act confer vast and wide powers on Presiding Officers of Court to elicit all necessary materials by playing an active role in the evidence collecting process. They have to monitor the proceedings in aid of justice in a manner that something, which is not relevant, is not unnecessarily brought into record. Even if the prosecutor is remiss in some ways, it can control the proceedings effectively so that ultimate objective i.
This becomes more necessary the Court has reasons to believe that the prosecuting agency or the prosecutor is not acting in the requisite manner. The Court cannot afford to be wishfully or pretend to be blissfully ignorant or oblivious to such serious pitfalls or dereliction of duty on the part of the prosecuting agency.
The prosecutor who does not act fairly and acts more like a counsel for the defence is a liability to the fair judicial system, and Courts could not also play into the hands of such prosecuting agency showing indifference or adopting an attitude of total aloofness. The power of the Court under Section of the Evidence Act is in a way complementary to its power under Section of the Code.
The section consists of two parts i. Though the discretion given to the Court is very wide, the very width requires a corresponding caution. In Mohan Lal v.
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Union of India ,this Court has observed, while considering the scope and ambit of Section , that the very usage of the word such as, "any Court" "at any stage", or "any enquiry or trial or other proceedings" "any person" and "any such person" clearly spells out that the Section has expressed in the widest possible terms and do not limit the discretion of the Court in any way. However, as noted above, the very width requires a corresponding caution that the discretionary powers should be invoked as the exigencies of justice require and exercised judicially with circumspection and consistently with the provisions of the Code.
The second part of the section does not allow any discretion but obligates and binds the Court to take necessary steps if the fresh evidence to be obtained is essential to the just decision of the case -'essential', to an active and alert mind and not to one which is bent to abandon or abdicate.
Object of the Section is to enable the court to arrive at the truth irrespective of the fact that the prosecution or the defence has failed to produce some evidence which is necessary for a just and proper disposal of the case. The power is exercised and the evidence is examined neither to help the prosecution nor the defence, if the Court feels that there is necessity to act in terms of Section but only to subserve the cause of justice and public interest. It is done with an object of getting the evidence in aid of a just decision and to upheld the truth.
It is not that in every case where the witness who had given evidence before Court wants to change his mind and is prepared to speak differently, that the Court concerned should readily accede to such request by lending its assistance. If the witness who deposed one way earlier comes before the appellate Court with a prayer that he is prepared to give evidence which is materially different from what he has given earlier at the trial with the reasons for the earlier lapse, the Court can consider the genuineness of the prayer in the context as to whether the party concerned had a fair opportunity to speak the truth earlier and in an appropriate case accept it.
It is not that the power is to be exercised in a routine manner, but being an exception to the ordinary rule of disposal of appeal on the basis of records received in exceptional cases or extraordinary situation the Court can neither feel powerless nor abdicate its duty to arrive at the truth and satisfy the ends of justice. The Court can certainly be guided by the metaphor, separate the grain from the chaff, and in a case which has telltale imprint of reasonableness and genuineness in the prayer, the same has to be accepted, at least to consider the worth, credibility and the acceptability of the same on merits of the material sought to be brought in.
Ultimately, as noted above, ad nauseam the duty of the Court is to arrive at the truth and subserve the ends of justice. Section of the Code does not confer any party any right to examine, cross-examine and re-examine any witness. Recourse may be had by Courts to power under this section only for the purpose of discovering relevant facts or obtaining proper proof of such facts as are necessary to arrive at a justice decision in the case.
Section of the Code is another salutary provision which clothes the Courts with the power of effectively decide an appeal. Though Section envisages the normal and ordinary manner and method of disposal of an appeal, yet it does not and cannot be said to exhaustively enumerate the modes by which alone the Court can deal with an appeal. Section is one such exception to the ordinary rule and if the appellate Court considers additional evidence to be necessary, the provisions in Section and Section have to be harmoniously considered to enable the appeal to be considered and disposed of also in the light of the additional evidence as well.
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For this purpose it is open to the appellate Court to call for further evidence before the appeal is disposed of. The appellate Court can direct the taking up of further evidence in support of the prosecution; a fortiori it is open to the court to direct that the accused persons may also be given a chance of adducing further evidence. Section is in the nature of an exception to the general rule and the powers under it must also be exercised with great care, specially on behalf of the prosecution lest the admission of additional evidence for the prosecution operates in a manner prejudicial to the defence of the accused.
The primary object of Section is the prevention of guilty man's escape through some careless or ignorant proceedings before a Court or vindication of an innocent person wrongfully accused.