ALAMKHAN UMARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant Alamkhan Umarkhan has been convicted for the offence under sec. 304 Part I Indian Penal Code and sentenced to rigorous imprisonment for four years by the learned Additional Sessions Judge Surat

(2.) The appellant was tried for the offence under section 337 Indian Penal Code on the allegation that on or about 26th of November 1958 at Olpad he committed the murder of the Hussein alias Kalu Mahomed by causing him injuries with knife with the intention of causing him injuries sufficient in the ordinary course of nature to cause death.

(3.) The prosecution evidence was that the deceased Kalu had four antimortem injuries. The corpse of the deceased was examined by Dr. Pesh Imam on 27-11-1958 at about 10-00 A. M. and the Doctor noticed the following injuries on the person of Kalu :