AYUBKHAN KHODADAD KHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under sec. 308 of the Indian Penal Code and sentenced to suffer R.I. for 3 years and fine of Rs.25,000.00 I.d. to suffer R.I. for 6 months, by Additional Sessions Judge, Greater Mumbai, vide Judgment and Order dtd. 30/9/1996 in Sessions Case No. 1060 of 1995. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) Prosecution mainly rests upon the evidence of P.W. 2 Bilal Ahmed. He has deposed before the Court in consonance with the FIR. According to the complainant, third round of firing had caused injury to his left wrist. While he was fleeing from the spot, he met Advocate Shri Tiwari to whom he disclosed that the appellant had fired on him. Mr. Tiwari with the help of the public had taken him to hospital in an auto rickshaw. The police had recorded his statement in the hospital and the same is marked as Exh. 29.