BHAVLAL SHANKER MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is convicted for offence punishable under section 302 of Indian penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 1,000/- in default of payment of fine, rigorous imprisonment for one year. Being aggrieved by this conviction and sentence, this appeal is filed.

(2.) WHEN the appeal first came up for hearing, it was noticed that the doctor who had performed post-mortem examination was not examined as a prosecution witness in the trial Court. However, the post-mortem examination report was admitted by the accused under section 294 of the Code of criminal Procedure. Therefore, it was admitted in evidence and was placed at Exhibit 9.

(3.) THE learned Additional Public Prosecutor filed Criminal Application No. 1153/1996 for adducing additional evidence as per the provisions of section 391 of the Code of Criminal Procedure. The said application was allowed as per the order passed on 3-7-1996.