ABDUL GAFFAR RAMJAN MALISHWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the appellant who is convicted for the offence under section 302 of the Indian Penal Code and is sentenced for lite imprisonment by Additional Sessions Judge, Greater Bombay Mr P. M. Dhakephalkar, by his judgment dated 31 st January 1995 for causing the death ofcharles.

(2.) WE heard the learned advocate appointed by the Court for the accused because the appeal is filed through Jail and we also heard the learned Additional public Prosecutor for the State.

(3.) ACCORDING to the prosecution case in short,the deceased Charles and accused were knowning each other. The deceased was staying on the foot path opposite azid Mardan On the night between 12/5/1931 and 13/6/1991, the deceased had a talk with the accused in presence of brother of victim Thereafter, they proceeded towards Azad Maidan and within a short time the brother of victim heard the shouts of Bachao Bachao. The brother therefore, rushed towards the site and found that the accused was assaulting, the deceased Charles with the stone but on seeing PW. 1 Mohd Shak. 1, the accused ran away from the spot. P. W. 1. Mohd. Shakil was accompanied by his friend. They raised hue and, cry asking the public at large to catch the accused.