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1993 DIGILAW 49 (BOM)

Baluakas Pradip Moreshwar v. State of Maharashtra

1993-02-04

M.F.SALDANHA, M.L.DUDHAT

body1993
(Short Note) BOMBAY HIGH COURT ML. Dudhat M.F. Saldanha, JJ. Baluakas Pradip Moreshwar - Appellant versus State of Maharashtra - Respondent Cri. Appeal No. 549-1991 Decided on 4.2.1993 (i) Indian Penal Code, 1860 - Section 302 - Appellant seen running away from spot by mother of deceased where deceased was given knife blow - Dying declaration by deceased while being taken to hospital that he was assaulted by appellant. Earlier incident between deceased and appellant which created bad blood - Recovery of knife at the instance of appellant and blood on knife was of 0' group which was the blood group of deceased - Blood stained clothes of appellant also found of same blood group. Conviction recorded calls for no interference. (Paras 3 to 6) (ii) Criminal Procedure Code, 1973. Section 432(2) - Appellant convicted u/s. 302, I.P.C. – He was 18 years at the time of incident - Deceased had earlier been arrested for having teased sister of appellant. Keeping in view the circumstances recommendation to State Govt. for remission of sentence made. Result: Appeal dismissed. Counsel for the parties: For the Appellant- S.G. Surana, Advocate. For the Respondent- Smt. S.G. Pingulkar, O.P.P.