HASAN MOHAMED KADAR BADSHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD rival submissions on earlier date on the present criminal appeal preferred by the sole appellant-accused challenging his conviction for the offence punishable under Section 302 of the Indian Penal Code (IPC).

(2.) BY the order dated 2.7.2004, learned Additional Sessions Judge, Greater Mumbai, convicted the appellant-accused for the offence punishable under Section 302 of the Indian Penal Code in Sessions Case No.256 of 2000. Imprisonment for life and fine of Rs.2,000/-, in default of payment of fine rigorous imprisonment (R.I.) for three months was awarded against the appellant- accused.

(3.) ACCORDING to the case of the prosecution, F.I.R. (Exh.8) was lodged by PW No.1, friend of the deceased, when the deceased was under treatment, then in severely injured condition at Sion Hospital. Initially, offence was registered under Section 307 of the Indian Penal Code. During treatment, in short time, victim succumbed to the injuries. As such, offence was altered to 302 of the Indian Penal Code. Inquest panchnama was drawn. Scene of offence panchnama was also drawn after visiting the house of the appellant-accused. On the next day, the appellant-accused was put under arrest and his blood stained clothes were taken charge of. On the same day of the arrest, the appellant-accused volunteered to give statement to produce the knife and as such memorandum panchnama and subsequent discovery panchnama were conducted and one kitchen knife was recovered at the instance of the appellant-accused.