RAMESH KHIMJI BORICHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. S.B.Keshwani for the Appellant and Mr.M.P.Galeria, for the State of Maharashtra.

(2.) THE Appellant aggrieved by the Judgment and order dated 12.2.1982, passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.434 of 1980. convicting and sentencing him to undergo imprisonment for life under section 302 of I.P.C. has come up in appeal before us. Although the Appellant was also prosecuted his real brother Palji Khimji Boricha but it appears that sometime after the commitment proceedings, he died.

(3.) FINDING the condition of Pethalal Mithalal Parmar, S.I. Aklujkar sought permission of the doctor for recording Pethalal's dying declaration. At about 5.15 p.m., he was examined by Dr. M.S.Hegde who found him in a conscious condition. Dr.Hegde found the following injuries on Pethalal's person :-