A.S. Gadkari, J.

1. The Appellant, original accused No.1, has questioned the correctness of the Judgment and Order dated 13 October 2006 passed by the 10th Ad hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.427 of 2006 thereby convicting him for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.15,000/-, in default of the same to suffer rigorous imprisonment for two years. The Appellant has further been convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to suffer rigorous imprisonment for one year. It has been ordered that the said two sentences shall run concurrently.

2. The brief facts which have been enumerated from the record can be stated as under :

i) P.W.7 – Atmaram Davare, Police Sub-Inspector was attached to Goregaon Police Station on 23 February 2006. That at about 11.30 p.m. one Gangaram Panchal gave him telephonic message that one person in an injured condition was lying in toilet near Teen Dongri, wherein the said public latrine/ toilet is situated. P.W.7 PSI Davare along with his staff immediately rushed to the spo