ASADBIN ISA CHAUS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the judgment and order dated 1-8-1996 passed by the Additional Sessions Judge, Malegaon in Sessions Case No. 48 of 1994 whereby they have been convicted and sentenced in the manner stated hereinafter:---

(2.) SHORTLY stated the prosecution case runs as under:---

(3.) THE evidence of Dr. Bharat Wagh P. W. 6 shows that on 16-2-1994, at 6. 45 p. m. while he was working as Medical Officer at N. N. Wadia Hospital, Malegaon an injured who gave his name as Sayeed Mohammed Hanif and who gave history of assault came. On examining him, he found that he had a stab wound on left lumbar region on lateral aspect, 1 "in length at level of umbilicus. It was obliquely placed and penetrating in abdomen. In his substantive evidence, Dr. Wagh stated that the injury was fresh, grievous in nature and attributable to a hard and sharp weapon. Dr. Wagh also stated that the said injury was possible by a knife and had the victim not been treated, death was certain. At 7 p. m. Dr. Wagh examined Rafiq and found him to be dead. After examining Sayeed and Rafiq, Dr. Wagh informed Killa Police Station.