- (1.)The Appeal is directed against the Judgment and order dated 21 st October, 2002 passed by Additional sessions Judge, Greater Bombay in Sessions Case No.12 of 1998 whereby the Appellant was convicted of the offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay fine in the sum of Rs 1000/- in default to undergo further imprisonment of three months.
(2.)Briefly stated facts of the prosecution case are as under :- On 05 th October, 1997 Police had received intimation that a dead body of an unidentified male with throat injuries is lying in Talav Pakhadi Maidan, Sahar Village, Andheri (East). Police proceeded to the spot to ascertain identity of the person. Information gave rise to C.R. No. 959 of 1997 under section 302 of the Indian Penal Code. Inquest (Exh. 7) was held on 6 th October, 1997. Pair of slippers, blood smeared chopper, blood sample from the wounds of the dead body were seized under the Panchnama. The dead body was referred for the postmortem examination. Dr. M.P. Sangle performed autopsy over the dead body identified by Harisingh Bhajansingh Bogati as that of his son Sachin Harisingh Bogati. The dead body was handed over to said Harisingh for last rites. During the course of investigation it was revealed that deceased Sachin and the accused were friends and were last seen together in the late night of 5 th October, 1997. On enquiry from the sister of the accused it was revealed that the accused left for Goa on the morning of 6 th October, 1997. Police proceeded to Goa to trace the accused but could not trace him. The accused chose to surrender at Sahar Police Station through his Advocate Mr. Savant. PSI Sarode (PW-19) arrested the Accused. During the interrogation it was revealed that the Accused had visited Belgaum and stayed at Lodge. Police along with the Accused had visited Shivbhavan Lodge at Belgaum and a blood stained Shirt (Art. 3) was discovered under Panchnama pursuant to disclosure statement made by the Accused recorded under the Panchnama (Exhibit 40 and 40A). Statement of the Manager of the Lodge was also recorded. Documents were collected as evidence regarding stay of the Accused at the Lodge. Chopper (Art. 1) was seized from the spot of offence under Panchnama. Similar Choppers were seized from the house of Maria (Sister of the Accused) under the Panchnama (Exh. 12). On 12 th October, 1997 the Accused had led panchas and police to the spot of offence (Panchnama Exh. 18 and 18 A). Clothes of the accused as well as clothes of the deceased were seized under the Panchanma (Exh. 22). The muddemal articles were sent to C.A. under letter dated 7 th October, 1997, 20 th October, 1997 for the chemical analysis. C.A. reports were received (Exh. 62 and Exh. 63 collectively). Upon completion of the investigation, on 26 th December, 1997 the chargesheet was submitted before the Learned Metropolitan Magistrate, 22 nd Court who committed the case to the court of Sessions by order dated 22 nd December, 1997. Charge was framed at Exh.
1. The Appellant pleaded not guilty and claimed trial. His plea was recorded at Exh. 2.

(3.)At trial Prosecution examined 24 witnesses to prove its case and closed its evidence. No defence evidence was led .