YUNUKHAN YUSUFKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant (hereinafter referred to as "the accused") seeking to quash and set aside the judgment and order passed by the Addl. Sessions Judge, Greater Bombay on 9th February 1988 in Sessions Case No. 669 of 1985.

(2.) BRIEF prosecution case is as under:

(3.) AFTER committal of the case to the Court of sessions, the trial Court framed a charge under Section 302' against the accused. The prosecution examined as many as 14 witness to prove its case. In the suggestions made to the witnesses as well as in his 313 statement, the case of the accused was one of total denial. In fact he claimed that he had suffered the injuries on his right thumb and on left palm on the previous day. He further stated that the incident had taken place on the previous day i. e. 7/7/85 and he had also been arrested by the police on 7/7/85. On consideration of the evidence, the learned Sessions judge passed the judgment and order which is impugned in the present appeal, convicting the accused for offence under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. In such circumstances, the present appeal has come to be filed.