(1.) Heard Shri Joshi, learned Counsel for the appellant, and Shri Fulzele, learned Additional Public Prosecutor for the respondent.
(2.) The criminal appeal is directed against the judgment and order dated 6.3.2004 passed by the 1st Ad hoc Additional Sessions Judge, Bhandara in Sessions Trial No. 13/2001 whereby the appellant is convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of rupees three thousand and in default, to suffer further rigorous imprisonment for three years. The appellant and other co-accused Tulshiram were acquitted of the offences punishable under Section 325 read with Section 34 of Indian Penal Code. The other co-accused Pralhad died before commencement of the criminal trial.
(3.) The case of the prosecution, in nutshell, is as follows :