(1.) Heard Shri. Daga, learned counsel for the appellant and Shri. Ahirkar, learned Additional Public Prosecutor for the respondent.
(2.) The impugned judgment, and order dated 9-2-2001 is passed by the Sessions judge, Buldhana in Sessions Case No. 116/ 2000 whereby appellant is convicted for the offence punishable under Section 302 of indian Penal Code and sentenced to suffer life imprisonment and pay fine of rupees one thousand, and in default of payment of fine, to suffer further rigorous imprisonment for three months.
(3.) The case of the prosecution, in nutshell, is as follows :- the appellant and deceased Shriram, at the relevant time, were working as agricultural labourers in the field of one Ayyaseth, who was resident of Chikhali. The field of ayyaseth was at the distance of about 1 km. from village Chandhai, which was at the short distance from Chikhali town. The appellant as well as deceased Shriram at the relevant time were doing the duty of Watchman in the said field and, therefore, were required to reside in the agricultural field itself.