MUSTAKIM AHMED ACHHANALI MANSOORI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.1,000/- in default of which to undergo further rigorous imprisonment for three months, by the 11th Ad hoc Additional Sessions Judge, Sewree, Mumbai by a judgment dated 31 August 2007 in Sessions Case No.57 of 2007, by this Appeal questions the correctness of his convention and sentence.

(2.) Facts in brief that are necessary for the decision of this Appeal may briefly be stated thus :

(3.) P.W.9 P.S.I. Shirsat who on 25 October 2006 was attached to the Tilak Nagar Police Station, received a message from Rajawadi Hospital about admission of the injured in the Hospital. He accordingly proceeded to Rajawadi Hospital and reached there at about 3.30 p.m. He noticed the injured in ward No.40 and made enquiry from the Medical Officer if the injured was in a fit condition to give his statement. The Medical Officer opined that the injured was not in a fit condition to give his statement. P.W. 9 P.S.I. Shirsat then recorded the statement of P.W.1 Mohammed Karim at Exhibit 13. The clothes of the injured were seized and an offence was registered on the basis of the statement of P.W.1 vide crime No.220 of 2006 under Section 307 of the Indian Penal Code. P.W.9 P.S.I. Shirsat then returned to the scene of incident and drew the Panchanama at Exhibit 15. From the scene of incident he collected samples of the bloodstains.