TOTAPULLI VELAYUDAN ARJUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 4th June, 1996 passed by the Additional Sessions Judge, Thane, in Sessions Case No. 542/93, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to undergo R. I. for 2 months for the offence under section 302 I. P. C. has come up in appeal before us.

(2.) THE prosecution case in brief, as emerging from the statement of the informant Ashok Pawar P. W. 2, the solitary eye witnesses of the incident, is as under:

(3.) THE post mortem examination on the corpse of Suresh Shelar was conducted the same day between 7 and 8 p. m. at Civil Hospital, Thane by Dr. Anil Sawant P. W. 1 who found on it one incised wound on left supra clavicular region at middle 1/3rd verticle size 2" x 1/2" x 4?" deep into lung. On internal examination Dr. Anil Sawant found that left lung had collapsed. In the opinion of Dr. Anil Sawant the deceased died on account of injury to left lung and the said injury was sufficient in the ordinary course of nature to cause death.