MAHMADASLAM IMMAMUDDIN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The sole accused Mahmadaslam Shaikh has filed this appeal challenging his conviction and sentence. By a judgement and order dated 06.10.2012, the appellant was convicted and sentenced to undergo life imprisonment, having charged for offence punishable under section 302 of IPC.

(2.) Briefly stated the prosecution case is that Rizawana, the first informant's wife and the accused Mahmadaslam were coworkers in a garment factory in GIDC estate of Ahmedabad. The accused subsequently left the job and started driving an auto rickshaw. He continued to force Rizwana and insisted Rizwana to break up her marriage with Hajikarim Shaikh, the complainant and marry him. Rizwana resisted. The accused, therefore, threatened to kill her. On 02.10.2009, at 7:15 in the morning, when Rizwana was on the way to factory, the accused Mahmadaslam followed her in his auto rickshaw and insisted her to board his rickshaw. Rizwana resisted. The accused took out a knife and stabbed Rizawana repeatedly in her stomach, chest and on her hand. Rizwana soon died thereafter. The accused was therefore charged for the offences punishable under sections 302 and 307 of the Indian Penal Code. The charge is produced at Exh 4. Hajikarim, the husband of the deceased was the first informant. The first information report is at Exh 40.

(3.) Hajikarim Abdulhamid Shaikh, the First informant was examined as PW 13 at Exh 39. He testified that on 02.10.2009, he was at home at 7:30 in the morning. The bystanders, who had witnessed the accused attacking Rizwana came over and informed him that Rizwana had been killed outside the house on the road. He along with his mother-in-law, therefore, went out. They found Rizwana lying on the road and bleeding. Rizwana informed her husband that it was Mahmadaslam who had stabbed her repeatedly with a knife when she resisted his overture to board the auto rickshaw. Rizwana had sustained injuries on her chest and stomach. She was shifted to the Civil Hospital. She died at 12:00 in the noon. Hajikarim identified the accused who was present in the Court. He further stated that the police came to the hospital and recorded his complaint. The purported motive of Mahmadaslam attacking Rizwana was that he had been insisting Rizwana to break the marriage with her husband and marry the accused instead.