ABDUL RASHID HABIBULLA ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By judgment and order dated 19-2-1994 of the Additional Sessions Judge for Greater Bombay in Sessions Case No. 878 of 1991 the appellant accused was convicted for an offence punishable under section 302 I.P.C. and sentenced to suffer imprisonment for life. In this appeal the appellant challenges the aforesaid order of conviction and sentence.

(2.) The charge against the appellant was that on 7th July 1991 at about 1.30 a.m. in front of Mastan Chawl, Church Pakhadi Road No. 1, Sahar Village, Bombay 400 099, he assaulted Pandi Devar on his head with hockey stick and as a result of the head injury so voluntarily caused by the appellant, he intentionally or knowingly caused the death of Pandi Devar and thereby committed an offence of murder punishable under section 302 I.P.C.

(3.) The prosecution case can be stated briefly as under :