HABIBULLA KARIM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Habibulla Karim Khan faced the charge that he along with an absconding accused Irfan on 17/8/2014 at about 22.25 hours, at Kaulabunder Zopadpatti, Galli No.8, Sewree, Mumbai, in furtherance of their common intention committed murder and intentionally caused death of Sunil Chandrakant Verma, and therefore, he came to be tried for an offence punishable under Sec. 302 of the Indian Penal Code.

(2.) As per the prosecution case, Ashok Chandrakant Verma and his brother Sunil were residing with Guddu, and Sunil was working with Abdul Karim as welder. Abdul Karim's son Salim and the accused Habibulla were neighbors of Ashok and Sunil. It is the case of the prosecution that Habibulla was not working properly and therefore, Sunil made a complaint to Abdul Karim and therefore, he was having grudge against Sunil and to give effect to the same, on 17/8/2014, it is alleged the accused along with Irfan asked Sunil to accompany them and thereafter, Sunil was found lying in an injured condition in a pool of blood and Habibulla was standing behind holding a knife. It was disclosed by the deceased to his brother that Irfan caught hold of his hands and the accused had stabbed him in his chest by knife. When people gathered around the injured, he was taken to J.J. Hospital, but was declared dead.

(3.) In order to bring home the charge levelled against the accused, prosecution examined 12 witnesses and also afforded an opportunity to the accused to rebut the evidence brought on record by the prosecution.