(1.) Heard learned counsel for the appellant and learned A.P.P. for the respondent-State.
(2.) By the present appeal the appellant (original accused) for brevity sake hereinafter referred as "accused" takes exception to the conviction and sentence imposed upon him by way of judgment and order dated 5th March, 2005 rendered by learned Additional Sessions Judge, Greater Bombay in Sessions Case No.385 of 2002 thereby convicting accused for the offence punishable under section 302of IPC and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/- and in default to suffer S.I. for three months.
(3.) The factual matrix of the prosecution case is as follows :-