Municipal Council, Udaipur VS. Mahendra Kumar

Supreme Court of India

Case Law No.579, Reporting JudgeDr. Arijit Pasayat

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Municipal Council, Udaipur VS. Mahendra Kumar

The Judgement Information System CASE NO.: Appeal (crl.) 579 of 2005

PETITIONER: Sattatiya @ Satish Rajanna Kartalla RESPONDENT: State of Maharashtra DATE OF JUDGMENT: 16/01/2008

BENCH: G.P. Mathur & G.S. Singhvi JUDGMENT: J U D G M E N T Per G.S. Singhvi J.

This appeal by special leave is directed against the judgment of the Bombay High Court, which upheld the conviction of the appellant under Section 302 I.P.C. and sentence of life imprisonment awarded to him by Additional Sessions Judge, Greater Bombay in Sessions Case No.28/1995.

On 1.10.1994, PW1 Dr. Rasiklal Dwarkadas Dani, a resident of Pratap Building 173, Dadiseth Agyari Lane, Mumbai, telephonically informed Assistant Police Inspector (API), PW14 R.R. Gaekwad of Police Station Tilak Nagar that a man, who was later on, identified as Satish, was lying on the right side of the stairs of the building in a pool of blood. API Gaekwad reached the spot and removed that person to G.T. Hospital, where he was declared brought dead. PW14 recorded the information given by Dr. Dani as Ex.P6 and treated the same as FIR. He then handed over the investigation to PW13 Shamsherkhan Wazirkhan Pathan, who was acting as night Police Inspector at L.T.

Marg Police Station. The latter prepared Panchnama of the dead body.

From the papers found in the pocket of the clothes of the deceased, the police contacted his brother, PW3 Raj...

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