STATE OF MAHARASHTRA Vs. WAFATI BABU QURESHI

JUDGEMENT

(1.) AGGRIEVED by the Judgment and order dated 3-8-1983 passed by the learned Addl. Sessions Judge, Greater Bombay, in Sessions Case No. 432 of 1982, acquitting the respondents for an offence punishable under section 302 of the Indian Penal Code, the appellant has preferred the present appeal.

(2.) BRIEFLY stated, the prosecution case runs as under :-

(3.) THE evidence is that at about 6 p. m. the same day, some one telephoned the police of Tilaknagar Police Station about a assault being launched in Kasaiwada, Kurla. This has come in the evidence of P. S. I. Anand Baburao Patil (P. W. 7 ). Pursuant to that information, P. S. I. Patil went to Kasaiwada, Kurla and there learnt that the injured had been removed to the hospital. Since he did not know the name of the hospital, he returned to Police Station Tilaknagar. At about 6. 40 p. m. he received a telephonic message from Rajawadi Hospital to the effect that the victim Maidanali had been admitted in the said hospital. Consequently he proceeded to the said hospital. At Rajawadi Hospital, P. S. I. Patil met Dr. Jayanta Sarkar (P. W. 3 ). He asked him as to whether the injured was in a fit condition to give statement. On Dr. Sarkar replying in the affirmative, he questioned him and recorded the answers he gave. This information given by the victim is the F. I. R. Exhibit 12. After the victim had given the answers and they were recorded in writing, Dr. Sarkar gave an endorsement that he was in a fit condition to make statement. On the basis of the F. I. R. , wherein the three respondents are named and there is a reference to an unknown person, C. R. No. 30/82 under section 324 read with 114 I. P. C. was registered at Police Station Tilaknagar.