Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC).

2. Prosecution version in a nutshell is as follows:

On 13.2.1986 Police Head Constable Dinkar Shankar Dumbre (PW-1) was attached to Railway Police Head Quarters at Ghatkopar. At the relevant time, his nature of work was to receive the telephonic message from outside and convey the said message to the Railway Reserve Inspector. On 13.2.1986 at about 1845 hrs. Mr. Gavade Head Constable came and informed Dinkar Dumbre (PW1) that in Room No.41 of building No.24, one lady is lying in injured condition in a pool of blood. The said constable also informed that he came to know about the said fact from the ladies residing in the said building. On receipt of this message Dinkar Dumbre (PW1) proceeded to the place of incident. He noticed one lady lying in pool of blood in the bath room of the house. Dinkar Dumbre (PW1) appointed one police constable to guard the said place of incident and he proceeded to inform the said fact to RSI, Caze