(1.) By present appeal, appellant had thrown challenge to judgment and order dated 9-7-2004 passed by learned Ad hoc Additional Sessions Judge, Washim in Sessions Trial No. 120/2002 convicting him for commission of murder of one Laxman Ramkrushna Naik and sentencing him to suffer imprisonment for life and to pay fine of Rs. 5,000/- and in default to I undergo R.I. for a period of one year.
(2.) The said trial has arisen out of charge sheet submitted by Jaulka Police Station for commission of such offence against the appellant as a result of investigation of F.I.R. No. 35/2002 Exh.13 on 18-7-2002 registered by PSI S.G. Pawar of Jaulka Police Station regarding murder of deceased committed in night in between 16-7-2002 up till 18-7-2002 on the basis of oral report Exh.12 lodged by elder brother of deceased namely Eknath Ramkrushna Naik, PW1.
(3.) The facts, in brief, giving rise to the aforesaid prosecution as revealed from the record are as under :-