JUDGMENT

R.K. Datta, J. - The appellant was tried for the murder of deceased Jalandar Fulzele, under Section 302 of I.P.C. The prosecution had examined 23 witnesses in support of the charge. After assessment of evidence, the Trial Court convicted the appellant under Section 302 of I.P.C.

2. In order to appreciate the submissions advanced by learned advocate for the appellant and the learned Additional Public Prosecutor, it is necessary to briefly enumerate the prosecution case. The prosecution case is that on 15-5-1990 at 3.30 p.m. at Pulgaon near Bus Station, the appellant came from the backside of the deceased and inflicted one blow on the backside of the deceased and when the deceased turned around, the appellant inflicted second blow on the chest. The deceased was taken to the Hospital where he expired at 8.30 p.m. on the same date. The medical evidence shows that there were two injuries on the person of the deceased namely one on front chest region near the heart and other on the backside. The prosecution had examined large number of witnesses, many of whom did not support the prosecution case and declared hostile, but nothing could be elucidated from the said witnesses during