Biren Vaishnav, J.

1. The sole accused Mahmadaslam Shaikh has filed this appeal challenging his conviction and sentence. By a judgement and order dated 06.10.2012, the appellant was convicted and sentenced to undergo life imprisonment, having charged for offence punishable under section 302 of IPC.

2. Briefly stated the prosecution case is that Rizawana, the first informant's wife and the accused Mahmadaslam were co-workers in a garment factory in GIDC estate of Ahmedabad. The accused subsequently left the job and started driving an auto rickshaw. He continued to force Rizwana and insisted Rizwana to break up her marriage with Hajikarim Shaikh, the complainant and marry him. Rizwana resisted. The accused, therefore, threatened to kill her. On 02.10.2009, at 7:15 in the morning, when Rizwana was on the way to factory, the accused Mahmadaslam followed her in his auto rickshaw and insisted her to board his rickshaw. Rizwana resisted. The accused took out a knife and stabbed Rizawana repeatedly in her stomach, chest and on her hand. Rizwana soon died thereafter. The accused was therefore charged for the offences punishable under sections 302 and 307 of the Indian Penal Code. The charge is produced at Exh 4. Hajikarim, the husband of the deceased was the first informant. The first information report is at Exh 40.

3. Hajikarim Abdulhamid Shaikh, the First informant was examined as PW 13 at Exh 39. He testified that on 02.10.2009, he was at home at 7:30 in the morning. The bystanders, who had witnessed the accused attacking Rizwana came over and informed him that Rizwana had been killed outside the house on the road. He along with his mother-in-law, therefore, went out. They found Rizwana lying on the road and bleeding. Rizwana informed her husband that it was Mahmadaslam who had stabbed her repeatedly with a knife when she resisted his overture to board the auto rickshaw. Rizwana had sustained injuries on her chest and stomach. She was shifted to the Civil Hospital. She died at 12:00 in the noon. Hajikarim identified the accused who was present in the Court. He further stated that the police came to the hospital and recorded his complaint. The purported motive of Mahmadaslam attacking Rizwana was that he had been insisting Rizwana to break the marriage with her husband and marry the accused instead.

This witness was cross examined. The defence tried to put a suggestion that the road was a public road and there was ongoing traffic on the road in the early morning hours. This was to suggest that the incident could have been witnessed by several others. The defence also has tried to suggest that when Rizwana was carried to the hospital she was not conscious. In the cross examination he agreed to the suggestion that since the accused was staying in the neighbourhood, he was in a position to identify him. Moreover, he also was a co-worker with his wife six months preceding the date of the incident. He denied a suggestion that he did not like the idea of his wife and the accused going together at work place.

4. Rehanabanu w/o Abdulmajid Saiyed, PW 6, Rizwana's sister was examined at Exh 16. She was an eyewitness to the incident. According to this witness, on 02.10.2009, Rizwana had left her home at 7:00 in the morning to go to the factory. She was returning at 6:30 in the evening. She had come over to visit her mother who was unwell. When Rizwana left home in the morning, the accused followed her. While she stood on the side of the road to go to Shah-e-alam, Rizwana crossed over the road and went near Mahajaniya Vas in order to go to Naroda factory. She saw the accused Mahmadaslam approaching Rizwana in his auto rickshaw. The accused forced Rizwana to get into the auto rickshaw. When Rizwana refused, Mahmadaslam took out a knife and stabbed Rizwana in her stomach and her chest. She soon crossed over and upon being found Rizwana bleeding, apparently shocked on seeing Rizwana bleeding, she set down on the side of the road. Accused Mahm