KAMRUJAMA ABDUL RASHID SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant challenged validity and legality of the impugned judgment and order dated 17.11.1995 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.955/1988 whereby the appellant was held guilty for the offence punishable under section 304, Part-II of Indian Penal Code and was sentenced to suffer R.I. for five years. The learned trial Judge, however, recorded acquittal for the offence punishable under section 302 of I.P.C. Thus, the appellant is challenging his conviction under section 304, Part-II of I.P.C.

(2.) It appears case of the prosecution that on 9.6.1988 at about 16.45 hours the accused was sitting in his pan shop situated adjacent to Gulshan Iran hotel at Musafeerkhana Bombay-1. At that time, victim Lalita and her mother arrived at the pan shop of the accused. As a result of some talk between them, quarrel ensued and consequently the appellant used scissor which was readily available-in the pan shop and assaulted Lalita on her chest. Lalita was taken to the Saint George Hospital, Mumbai with history of assault by means of scissor. She succumbed to her injury. The complaint was lodged by her mother at M.R.A. Marg, Police Station, Mumbai initially under section 307 of I.P.C. vide C.R. No.270/1988. As Lalita was carried to the hospital for medical treatment in a critical condition. Investigation followed. Thereafter, the weapon of offence scissor (article No.l), clothes of the deceased (article Nos.2 and 3) and clothes of the appellant accused (article Nos.4 and 5) were recovered under scissor memos. After Lalita succumbed to her injuries, her dead body was referred for postmortem examination which was performed by Dr. Hamida Shaikh (PW 3). Post-mortem notes were drawn as per Exh.13. The muddemal articles seized during the course of investigation including weapon of offence, were sent to Chemical Analyzer and FSL for chemical analysis. Report of Chemical Analysis was received (Exh.21). After completion of the investigation, the Investigating Officer submitted charge-sheet before the learned Metropolitan Magistrate 33rd Court, Ballard Pier, Mumbai. The learned Metropolitan Magistrate committed the case to Sessions Court, Mumbai for trial.

(3.) Charge was framed (Exh.5) to which the accused pleaded not guilty and claimed to be tried.