(PER SMT. V.K. TAHILRAMANI, J.):

1. The appellant-original accused has preferred this appeal against the judgment and order dated 23rd February 2012 passed by the learned Additional Sessions Judge, Kalyan, in Sessions Case No.295 of 2004. By the said judgment and order, the learned Additional Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to undergo imprisonment for life and to fine of Rs.500/-, in default further imprisonment for the period of one month.

2. The prosecution case briefly stated, is as under:

The complainant in the present case is Sandeep Surve (PW-1).

He runs a construction business and his office is behind Shankar Mandir at Ulhasnagar. On the day of incident i.e. 4.7.2002 as usual he was present in his office. At about 12 noon, he heard shouts from main road. He went in that direction, he saw the appellant in front of the dispensary of Dr.Gharde (PW-5). The appellant was holding blood-stained knife. One woman was lying in the Tailoring shop i.e. Ganesh Tailor, which belonged to PW-8 Harish. The appellant was caught on the spot. PW-1 Sandeep went inside the Tailoring shop and saw bleeding injuries on the person of the lady. He contacted Vitthalwadi police station on phone and he then lodged F.I.R. Exhibit 28. Thereafter, the investigation commenced. After completion of investigation, chargesheet came to be filed.

3. Charge came to be framed against the appellant under Section 302 of IPC. The appellant pleaded not guilty to the said charge and came to be tried. The defence of the appellant was of total denial and false implication. After going through the evidence adduced in this case the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.

4. We have heard Mr. Toraskar, learned Counsel for the appellant and Smt. Bhonsale, learned APP for the respondent-State. We have carefully considered their submissions, the judgment and order passed by the learned Sessions Judge and the evidence in this case. After carefully considering the same, for below mentioned reasons, we are of the opinion that there is no merit in this appeal.

5. The conviction of the appellant is mainly based on the evidence of two eye-witnesses i.e. PW-5 Dr. Suresh Gharde and PW-10 Jayesh Palande. Dr. Gharde has stated that he runs a clinic at station road at Ulhasnagar. At about 12 noon on 4.7.2002 he had gone to the toilet. When he returned, he saw one lady lying in front of his clinic. One boy was giving blows with knife on her person. He has identified the said boy as the appellant. Dr. Gharde has further stated that the appellant was assaulting the woman with knife, Article-4. Dr. Gharde has stated that thereafter the said woman went into the shop of Ganesh Tailor. PW-10 Jayesh has stated that he does business of decoration on station road at Ulhasnagar. On 4.7.2002, at about 12 noon, he was in his shop. On that day, he heard shouts of one woman. He came outside his shop and saw the appellant was giving blows with knife on the stomach of the said woman. Meanwhile, Sandeep (PW-1) came to the spot. He caught the appellant.

6. PW-1 Sandeep has stated that his office is behind Shankar Mandir at Ulhasnagar. He heard shouts from the main road, hence, he proceeded in the said direction. He saw the appellant in front of the dispensary of Dr. Gharde (PW-5). The appellant was holding a knife. The knife was stained with blood. One woman was lying in the shop of Ganesh Tailor. He then caught the appellant. PW-1 Sandeep has specifically stated that the shop of Ganesh Tailor is adjoining to the dispensary. PW-8 Harish was the tailor working in Ganesh Tailor at Ulhasnagar. He has stated that on the day of incident, one woman came into the shop and she fell down. She was in injured condition. At that time PW-1 saw the appellant was holding knife in his hand. The said woman was thereafter taken to the hospital. Nothing has been elicited in the cross-examination of th