JABBAR SULEMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed by the original accused against the judgment of conviction and sentence recorded by the learned Sessions Judge, Banaskantha at Palanpur in Sessions Case No.29 of 1985 - whereby he convicted the accused-appellant for the offence punishable under Sec.302 I.P.C. and sentenced him to imprisonment for life.

(2.) The facts of this case as alleged by the prosecution may be briefly stated as follows :- On 14-3-1985 at about 10-30 P.M. the accused went to the house of Bai Fatma speaking abuses to the husband of Fatma, Ibrahim Tajubhai. Fatma asked him as to why he was speaking abuses, whereupon the accused gave two slaps to the husband of Fatma. Fatma separated them and then the accused went to his house, came with a knife and gave a blow to the deceased causing injury on his thigh which ultimately proved fatal. Information was given to police and the police registered the offence and ultimately charge-sheet was submitted to the Court of the Magistrate who committed the accused to the Court of Session. The accused was ultimately tried by the Court of Session and convicted and sentenced as stated above.

(3.) The evidence of P.W.1 Dr. Shah shows that there was one incised wound on the right thigh of the deceased and that the said injury was about 8 cms. deep. His evidence also shows that there were internal injuries to the femoral artery and femoral vein was also cut resulting into profuse bleeding and death of the deceased. The learned Sessions Judge relied upon the evidence adduced before him and reached the conclusion that the appellant-accused was responsible for causing the death of the deceased.