KRISHNA BARKYA MANGAL RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 14-8-1998 passed by Additional Sessions Judge at Bombay in Sessions Case no. 716 of 1995, the appellant named above has filed this appeal on the grounds mentioned in the memo of appeal, as also verbally canvassed before us by the learned Advocate appointed to defend by the appellant.

(2.) WITH the assistance of the learned Additional P. P. and the appointed advocate we have scrutinized and appreciated the evidence on record. The prosecution story as revealed by our re-appreciation of the evidence stated briefly is as under : on 23-3-1995 at 1 O'clock in the morning the complaint was lodged in oshiwara Police Station by Police Sub-Inspector Shri Babaji Pandharinath avhad that he went to Kranti Nagar at Jogeshwari (West) on receiving a telephone call from one Rajul Patel, informing him that one injured person was lying there and police should investigate. The Officer then went to the spot, found the victim lying there, which on examination was disclosed to be dead. Accordingly, he went back to the Police Station. His statement was recorded as F. I. R. and acting on it investigation was conducted. The accused person/appellant was arrested and prosecution for offence of section 302 i. P. C. was started against the accused.

(3.) THE prosecution examined in all seven witnesses to prove its case that it was the accused who committed the murder of the deceased. It was on appreciation of this evidence that the learned trial Judge held the accused guilty and sentenced him to suffer imprisonment for life for the murder of yusuf Hussain Khan. It is this order which was asserted before us by the learned Advocate appointed to represent the appellant. The contention of the learned Advocate is that the order of conviction is unsustainable in law as there are several infirmities in the prosecution case, viz.