Judgment

1.Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court directing acquittal of respondent-Raju Bhaskar Potphode (hereinafter referred to as the ‘accused’). Accused was found guilty of the offence punishable under Sections 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to undergo imprisonment for lift by learned additional Sessions Judge, Greater Bombay, in Sessions Case No.355 of 1993. Accusations which led to the trial of the accused was that he had on 7.2.1993 at about 4.30 p.m. committed the murder of one Sunil Gore (hereinafter referred to as the ‘deceased’) by stabbing with a knife.

2.Prosecution case in a nutshell is as follow:

On 7th February, 1993, the Sai Krupa Cricket Club had organized Single Wicket Cricket Competition on an open playground near Sai Mandir, Samarth Nagar, Majaswadi, Jogeshwari (E). In the said competition boys of Majaswadi locality 44 boys including the first informant-Ravindranath Damle, (PW 1), Uday Gore PW 2), Arun Raghunath Paranjape (PW 3), Santosh Lad (PW 4), Girish Modak, had participated. At about 9.00 a.m. after drawing of the lots, as regards which player was to play with