Case: Abdul Waheed Vs. State of Maharashtra

We have gone through the judgment of the Sessions Judge and we find that it has given cogent reasons for believing the prosecution case and rejecting the defence version. The High Court dismissed the appeal summarily but as some of the accused had injuries on their persons, prima facie, the matter required further investigation and that is why special leave appears to have been granted by this Court. As this appeal is more than six years old, we have instead of remanding the case examined the evidence ourselves and after examining the same we find ourselves in complete agreement with the view taken by the learned Sessions Judge.

Reasoning: 3. It was then contended by Mr. Hardev Singh that the case against the appellant was false under S. 304 and not under S. 302. We are however unable to agree with this contention as the nature of the injury inflicted by the appellant on the deceased by a weapon like knife which was as much as 3" deep manifestly and clearly intended to kill the deceased, and that too on some very paltry matter, that is to say, the refusal of the deceased Papa Khan to supply goods to the appellant on credit. In the circumstances, therefore, we think that the Sessions Judge was right in convicting the appellant under S. 302 I.P.C.