BHAGWAN BABU GHOTKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants aggrieved by the judgment and order dated 31-1-1986 passed by the Additional Sessions Judge, Thane, in Sessions Case No. 285/1985 whereby they have been convicted sentenced to suffer imprisonment for life for the offence punishable under section 302 read with 34 I. P. C. , have come up in appeal before us.

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

(3.) THE evidence of Bhaidas P. W. 2 shows that after removing Ramesh to Bhiwandi hospital he proceeded to Bhiwandi taluka Police Station where he lodged his F. I. R. , Exhibit 9. On the basis of the said F. I. R. , P. H. C. Pandurang Kochrekar P. W. 4 registered an offence under section 307 I. P. C. at Bhiwandi Police Station at 9 p. m. , against the appellants. Next day when Ramesh succumbed to his injuries in Civil Hospital, Thane, the offence was converted to one under section 302 I. P. C.