- (1.) Leave granted.
(2.) This appeal by special leave is directed against the judgment and final order dated 14.10.2014 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 1148 of 2012 arising out of Sessions Case No. 740 of 2011.
(3.) The background facts in brief as emerged from the prosecution case are that the appellant herein and the deceased Jayram Khapre are common friends to Prakash Jadhav (PW8) and Tukram Bhostekar (PW6). All these persons, being labourers, were in the habit of drinking together at a place called Teen Batti on regular basis and the appellant and deceased had a common place on footpath for sleeping in the night. In the evening of 19th July, 2011, when they assembled as usual, an altercation took place between the appellant and the deceased over sharing of liquor. On the next day morning, PWs 6 and 8 saw the deceased in a severely injured condition at his sleeping place and the deceased informed them that it was the appellant who inflicted injuries on him with a stone. On the complaint of PW 1 (wife of the victim), PW4 - Nandkumar, ASI reached the spot, took statement of the victim and shifted him to hospital where he succumbed to the injuries on 26.7.2011. Meanwhile, carrying out usual formalities, police registered Crime No. 47 of 2011 against the accused-appellant and arrested him. Recoveries of stone (alleged weapon) and clothes were made at the instance of the accused and charges were framed against him for the offences punishable under Sections 302 and 324, IPC. The accused pleaded not guilty and claimed to be tried.;