LAWS(BOM)-1996-9-22

STATE OF MAHARASHTRA Vs. AHMED GULAM NABI SHAIKH

Decided On September 02, 1996
STATE OF MAHARASHTRA Appellant
V/S
AHMED GULAM NABI SHAIKH Respondents

JUDGEMENT

(1.) A Judgment of acquittal dated 15-7-1982, passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 536 of 1980, acquitting the respondents for an offence punishable under Section 302 r/w Section 34 IPC, has prompted the State of Maharashtra to file an appeal under Section 778 (1) Cr. P. C. in this Court.

(2.) THE factual matrix from which this appeal arises is as follows :-

(3.) SHAMIMA with the help of Zainuddin and Ali Mohammad Nimachwala took Mohis to Cooper Hospital in a private car. Mohis at that time was conscious and on the way told them that the three respondents and Gullus brother had assaulted him with choppers. At about 10 a. m. i. e. an hour later, Mohis along with Shamima and others reached Cooper Hospital. There, an entry in the Emergency Police Register (EPR) was made by Constable Vithal Malve, PW 10 on the information given by Mohis. In the said entry, it is mentioned that five to six persons, who included respondents Ahmad Shaikh and Salauddin Qureshi. Pinto and Aiye had assaulted Mohis with choppers and sword. This EPR entry the prosecution relies upon as a dying declaration.