The charge against them was that they murdered Manibai Laxman Karva and thus companymitted an offence under Section 302 read with Section 34 of the Indian Penal Code.
The prosecution case was as follows In Haji Kassam Chal there were residential quarters The deceased Manibai, one Luiza and the appellant were resident in the quarters.
As a result of these stabs she died.
The deceased and Luiza were carrying on trade in illicit liquor.
Although she attempted to run away, the appellant followed her and inflicted further stab wounds.
The appellant used to supply them with illicit liquor.
About a month before the incident, i.e., on 14.7.1972, a woman customer came to the room to take drink.
This was resented by Luiza.
On August 12, 1972, at numbern, Manibai was resting on a company in her room.
This enraged the appellant.
She also joined Luiza in rebuking the appellant for his misbehavior towards the woman customers.
The appellant came and inflicted stab wound on her with a knife.
Thereafter Manibai and Luiza filed a companyplaint before the police about the misbehavior of the appellant.
Abusive words were exchanged between Luiza and Manibai on the one hand and appellant and the second accused on the other.
The appellant and the second accused happened to be there at that time and the appellant misbehaved towards that customer.
Then the deceased Manibai came there.
In the alternative the appellant alone was charged under Section 302 for companymitting the murder of Manibai.
The appellant was the first accused.
K. Mathew, J. When special leave was granted in this appeal, the Court had limited it to the question of sentence to be imposed upon the appellant There were two accused in the case.
