IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 629 OF 2010 IN CRIMINAL APPEAL NO. 301 OF 2010 RAJESH RAJARAM JADI .. APPLICANT Vs. THE STATE OF MAHARASHTRA .. RESPONDENT Mrs. Nasreen S. K. Ayubi, appointed advocate for the applicant. Mr. Rajesh More, APP CORAM: SMT. RANJANA DESAI & SMT. V. K. TAHILRAMANI,JJ. DATED: 24th June, 2010 P.C. The applicant was tried for offence punishable under Section 302 of the IPC by the Court of Sessions for Greater Mumbai. In short the prosecution case is that on 1/9/08 at about 3-30 a.m., the applicant murdered deceased Durgaiah Jadi by throwing marble tile on his head. Learned Sessions Judge has convicted the applicant for life. 2. We have heard Mrs. Ayubi, learned counsel for the applicant. She submitted that there is no eye-witness to the incident in question. The prosecution story only rests on the evidence of PW 2 Shiva Mandal, the watchman who has not seen the actual assault. He claims that he has seen the applicant standing near the deceased with the marble tile in his hand. Counsel submitted that this is not sufficient to convict the applicant for offence punishable under Section 302 of the IPC. It is not possible for us to accept the submission of learned counsel. PW 2 Shiva Mandal found the applicant standing near the deceased with the marble tile in his hand at 3-30 a.m. in the night. It is pertinent to note that the clothes of the applicant were found stained with human blood. No explanation has been offered by the applicant as to how human blood was found on his clothes. In the circumstances, prima facie, we are of the view that it is only the applicant who can be said to have murdered the deceased. Hence the application is rejected. (SMT. RANJANA DESAI, J.) (SMT. V. K. TAHILRAMANI, J.)