Judgment

BHAGWATI, J. : This is an appeal by special leave from a judgment of the High Court of Judicature at Bombay accepting the reference made by the Additional Sessions Judge, Greater Bombay under S. 307 of the Criminal Procedure Code, and convicting the Appellant of an offence under Section 326 of the Indian Penal Code and sentencing him to four years rigorous imprisonment.

2. The case of the prosecution was that at or about 10-30 or 11 P. M. on the 25th August 1951, the complainant Abdul Satar was going towards Dhobi Galli through the Bibijan Street. At the junction of the Chakla Street with Bibijan Street, he was attacked by the Appellant. The appellant first attempted to strike him on his right shoulder, but Abdul Satar caught hold of his hand. The Appellant released his hand from the grip of Abdul Satar went in front of him and stabbed him in two places - one injury was inflicted at the level of 9th and 10th ribs on the left side and the other injury on the left shoulder. The Appellant then ran away and was pursued by several people.

Babu Adam saw him at the corner of the Chakla Street and the Masjid Bunder Road and joined the pursuit. Sub-Inspector Chawan joined the crowed c