AFSARKHAN @ AYYUBKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the accused against his conviction u/s 302 IPC and sentence of imprisonment for life passed by 3rd Ad-hoc Addl. Sessions Judge, Aurangabad, on 10/12/2002 in Sessions Case No. 235 of 2002.

(2.) The facts relevant for deciding this appeal may be stated as follows :

(3.) In due course, the case was committed to the court of sessions. The ld. IIIrd Adhoc Addl. Sessions Judge, Aurangabad framed charge u/s 302 at Exh. 6. The prosecution examined 9 witnesses. The main reliance is on the oral dying declaration in the form of history given by the patient to PW3 Dr. Varsha Kalyankar. The defence of the accused is of total denial. The ld. trial Judge accepted the evidence and convicted the accused. Hence this appeal.