HABIB USMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Habib Usman, sole appellant, was acquitted by the learned Sessions Judge, Ahmedabad (Rural) of an offence under S. 302, Indian Penal Code. On appeal by the State of Gujarat the order of acquittal was set aside by the High Court and he was convicted under S. 302, Indian Penal Code and sentence to suffer imprisonment for life. He has filed this appeal.

(2.) The case against the accused was as follows:

(3.) There was a trivial quarrel between the accused and Hajishah, P.W. 8 over a soap box near the Koteswar tube well, where both of them had gone for a bath. The deceased Amminuddin Miyasaheb intervened and this angered the accused, who went away uttering a threat at the deceased.. On the day of occurrence, at about 8 A.M. The deceased had gone to Viramgam Railway Station to catch a train to go to Ahmedabad, as was his habit every day. Having put his bag in the compartment, he was standing on the platform when the accused attacked him with a knife. The blow was delivered on the left side of the chest. The deceased sat down clutching his chest with both hands and crying 'save me, save me', P. W. 3, Yusufbhai who had gone to the Railway Station to see his sister-in-law off, witnessed the occurrence, went near the deceased, made him get up, took him up to the gate, put him in a carriage and went with him to the hospital. The occurrence was also witnessed by P. Ws. 4, 5 and 6 among others.