WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Oct. 17, 1978 of the learned Sessions Judge, Jaipur City, Jaipur, whereby he convicted accused appellant Wahid under section 302 and sentenced him to imprisonment for life.

(2.) Bichchhu (since deceased) and accused-appellant Wahid were notorious bad characters of the city of Jaipur. Wahid appellant used to loiter in the locality where deceased used to reside. The deceased had strong suspicion against the accused that the purpose behind his loitering was to tease the girls. This annoyed Bichchhu and he threw a challenge to the accused-appellant through PW. 4 Dharmdas on which Wahid reiterated that time will show who kills whom.

(3.) On the fateful day i.e. on Oct. 16, 1977, Bichchhu deceased and his friend Shankar PW. 2 were together since the noon time. After taking their meals at about 8-15 or 8.30 P. M. in Captin Hotel situated in front of Mayur Cinema House, they entered the street known as Film Colony riding a bicycle. When they reached near Mayur Cinema House, accused appeared all of a sudden with a knife in his hand and gave a push to the bicycle. Bichchhu and Shankar both fell down. Bichchhu's leg got stuck in the bicycle. The accused inflicted three stab wounds with the knife on his person. Shanker remonstrated with the accused who in turn threatened him and abused him. Accused with his companion who was waiting with a bicycle at a little distance left the scene of occurrence.