- (1.)BEING aggrieved by the judgment and order of conviction passed on 15th February 1999 by the additional Sessions Judge, Bombay in case No. 1114 of 1994 convicting the accused under section 302 of IPC and sentencing him to suffer R. I. for life, the appellant has filed this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by the learned counsel appearing on behalf of the accused/appellant.
(2.)WITH the assistance of the learned counsel for the defense and the learned Prosecutor we have scrutinised the evidence and have reappreciated the evidence on record. The prosecution story as revealed from the reappreciation of the evidence stated briefly is as under:
(3.)THE deceased Mukhtar Ahmed Shabir Ahmed Khan was residing in Navneet Bhawan Chauil, Kharwa galli, 3rd floor, Room No. 4 Pathe Bapurao Marg, Bombay 400 004 along with his family. The appellant/accused was also residing in the same area. One month prior to the incident the deceased had an altercation with one panwala on account of cigarette. At that time Sheru, the friend of the deceased had kicked by the present appellant/accused. On account of the said quarrel and kick inflicted to the accused, the appellant went to the deceased on 28-6-1994 at about 7. 15 p. m. and met the deceased Mukhtar Ahmed near Amir hotel and started asking about the quarrel that had taken place one month prior to 28-6-1994. On account of this once again altercation took place between the accused and the deceased. Due to this altercation, the accused get annoyed and removed a knife from his pant pocket and inflicted two blows of knife on the abdomen as well as chest. In the meantime friends of deceased namely kutubddin, Sheru, Mura arrived at the spot. The accused immediately ran away from the spot. These friends of the deceased carried him to J. J. hospital for treatment. On receiving the information the police reached J. J. hospital and recorded the statement of deceased and was treated as complaint and FIR. Mukhtar ahmed succumbed to the injuries in the hospital on 29-6-1994 while undergoing treatment. The accused was thereafter arrested and on completion of investigation, prosecuted him under section 302 of IPC which resulted in conviction of the accused as aforesaid.