- (1.) Though the matter was listed for consideration of the application for bail filed by the appellant, with the consent of the parties we have heard the main Criminal Appeal on merits.
(2.) This appeal by the accused who is in jail seeks to challenge the order of the High Court of Bombay dated 30th November, 2011 by which the conviction of the accused appellant under Section 302 IPC and the sentence of imprisonment for life has been affirmed by the High Court.
(3.) We have considered the prosecution case and the evidence of the witnesses, particularly, eye-witness P.W.3 Mumtaj Bilal Tumake. We have also considered the postmortem report of Dr. Ashok Kanki (P.W. 11) who had described the injuries found on the deceased as follows: "1) Stab injury on the back near lateral margin of left scapula at 6th intercostals space. 1" x cavity deep, elliptical in shape with clean margins. 2) Incised wound on lateral aspect of left forearm, 2" x 1", skin deep, elliptical in shape with clean margins. 3) Incised wound on lateral aspect of left thigh about knee, 2"x. 4) Incised wound at Rt. Midclavicular region " x skin deep. 5) Incised wound at Rt. Axilla, anterior aspect, x " skin deep. 6) Incised wound on left buttock 1-;" x . 7) Two scratches on top of left shoulder 3-4" length brown.";