- (1.) This appeal by special leave is directed against the judgment of the Bombay High Court, which upheld the conviction of the appellant under Section 302 I.P.C. and sentence of life imprisonment awarded to him by Additional Sessions Judge, Greater Bombay in Sessions Case No.28/1995.
(2.) On 1.10.1994, PW1 Dr. Rasiklal Dwarkadas Dani, a resident of Pratap Building 173, Dadiseth Agyari Lane, Mumbai, telephonically informed Assistant Police Inspector (API), PW14 R.R. Gaekwad of Police Station Tilak Nagar that a man, who was later on, identified as Satish, was lying on the right side of the stairs of the building in a pool of blood. API Gaekwad reached the spot and removed that person to G.T. Hospital, where he was declared brought dead. PW14 recorded the information given by Dr. Dani as Ex.P6 and treated the same as FIR. He then handed over the investigation to PW13 Shamsherkhan Wazirkhan Pathan, who was acting as night Police Inspector at L.T. Marg Police Station. The latter prepared Panchnama of the dead body. From the papers found in the pocket of the clothes of the deceased, the police contacted his brother, PW3 Rajaiyya Pochyya Bandapalli on 1.10.1994 itself and recorded his statement. After two days, the appellant and one Devabhuma Badapatti were arrested. On the day of his arrest i.e. 3.10.1994, the appellant is said to have made a statement and then took the police to Room No.45 of the third floor of the building known as "Ganesh Bhuvan" Dadiseth Agyari Lane, Mumbai and got recovered his pant and shirt which are said to be having stains of blood. On 4.10.1994, the appellant was medically examined by PW10 Shiv Narain Daund, who found that the thumb and index finger of the appellant"s right hand had been injured sometime back. On the next day i.e., 5.10.1994, the appellant took the police to PW7 Mohd. Farid Abdul Gani, who claims to have sold the handkerchief, which was found near the body of the deceased. On 6.10.1994, the appellant is said to have given some more information to the police and got recovered half blade (marked as Article 7) which was lying under the wooden platform in front of "Ganesh Bhuvan". The clothes of the deceased, the pant and shirt belonging to the appellant and blade were sent for chemical examination. As per the Chemical Examiner"s Report, the clothes of the deceased were having human blood of "O" group. The pant and shirt, allegedly recovered at the instance of the appellant also had blood stains, but it could not be established whether the same was human blood of "O" group. The stain on the blade was also said to be of human blood but its identity could not be established by the chemical examiner.
(3.) After completing the investigation, the police submitted challan in the Court of the Metropolitan Magistrate who committed the case to the Court of the Sessions, Greater Bombay.;